Ga. Ct. App. R. 7

As amended through April 15, 2024
Rule 7 - Contempt
(a) Inherent Power.

Nothing contained in these rules shall be construed to deny or limit the Court of Appeals' inherent power to maintain control over proceedings conducted before it or to deny the Court those powers derived from statute, rules of procedure, or rules of court.

(b) Attorney Misconduct.

When alleged attorney misconduct is brought to the attention of the Court, a lawyer admitted to practice before the Court, an officer or employee of the Court, or otherwise, the Court may dispose of the matter through the use of its inherent, statutory, or other powers, or refer the matter to an appropriate state agency for investigation or disposition. These provisions are not mutually exclusive.

(c) Breach of Rules.

Breach of any rule of the Court of Appeals may result in a Court order requiring compliance. Failure to comply with a Court order may subject the offending party and/or attorney to a finding of contempt and may cause the appeal to be dismissed or the party's brief to be stricken.

(d) Repeated Violations.

Repeated violations of this Court's rules or orders may result in the revocation of the violator's admission to practice before the Court of Appeals.

(e) No Prosecution, Frivolous Appeals, and Penalties.
(1)Failure to Appear and File Brief.

On the call of the case for argument, if the appellant does not appear and has not filed a brief, the Court may dismiss the appeal for want of prosecution.

(2) Penalty.

The panel of the Court ruling on a case, with or without motion, may by majority vote to impose a penalty not to exceed $2,500 against any party and/or a party's counsel in any civil case in which there is a direct appeal, application for discretionary appeal, application for interlocutory appeal, or motion that is determined to be frivolous.

(3)Money Judgment.

The imposition of this penalty shall constitute a money judgment in favor of appellee against appellant or appellant's counsel or in favor of appellant against appellee or appellee's counsel, as the Court directs. Upon filing of the remittitur in the trial court, the penalty may be collected as are other money judgments.

Ga. Ct. App. 7

Amended effective January 1, 2017; amended Effective February 17, 2021.