Ga. Ct. App. R. 5

As amended through April 15, 2024

Rule 5 - Filing Fees/Affidavit of Indigence

(a)Fees.

Filing fees are:

(1) $80 in all criminal cases (this includes appeals from probation revocation and juvenile delinquency cases); and

(2) $300 in all civil cases.

Filing fees accrue upon the docketing of a direct appeal or an application for discretionary or interlocutory appeal. The fees shall be paid by the applicant or appellant or their counsel no later than the filing of the application or, in the case of direct appeals, at the time of the filing of the original brief of the appellant.

(b) Exceptions to Payment of Fees.

Filing fees shall not be required when:

(1) The applicant/appellant is pro se (not represented by counsel) and is incarcerated at the time of the filing;

(2) Counsel for the applicant/appellant was appointed because of indigency and, at the time costs would be due, counsel files a statement that he or she was appointed or the record contains a notice of the appointment of an attorney from the Georgia Public Defender Council; or

(3) The applicant/appellant or counsel for the applicant/appellant files an affidavit of indigency that includes an original signature and a proper jurat on the form provided by the Court (forms may be obtained from the Clerk's office or from the Court's website) and the affidavit is approved by the Court. Each case filed in this Court requires a separate affidavit.

The Clerk shall not receive an application or original brief of the appellant unless filing fees have been paid or one of the exceptions to this rule has been met. Applications or original briefs accompanied by an affidavit of indigency are accepted by the Clerk on a conditional basis until the affidavit of indigency is approved by the Court. If an affidavit is rejected by the Court, filing fees shall be paid within 5 days of the date the affidavit is denied or the application or original brief of appellant will be deemed rejected for filing.

(c) Special Fee Exception.

If the Court grants an interlocutory or discretionary application, additional filing fees are not required to file an appellant's original brief in the direct appeal.

(d) Payment Methods.

All required fees may be paid by credit card with any electronic filing or by check or money order if a paper filing is made. Counsel may pre-pay filing fees by submitting a check prior to the electronic submission. The Clerk is not responsible for any cash accompanying a filing.

Ga. Ct. App. 5

Rule amended July 24, 2014; amended effective January 1, 2017; amended effective February 23, 2017; Amended Effective February 17, 2021.