An application for interlocutory appeal shall be filed in this Court within 10 days of the entry of the trial court's order granting the certificate for immediate review. The trial court's order is entered on the date it is filed with the trial court clerk.
The applicant bears the burden of persuading the Court that the application should be granted. An application for leave to appeal an interlocutory order will be granted only when it appears from the documents submitted that:
Applications for interlocutory appeal shall contain a jurisdictional statement and have attached a stamped "filed" copy of the trial court's order to be appealed and a stamped "filed" copy of the certificate of immediate review. The trial court's order and certificate of immediate review must contain the signature of the trial court judge. Neither conformed signatures nor stamped signatures shall be accepted except for those courts in which the official practice is for the judge to electronically sign or stamp his or her signature. The Court shall return any application not containing a stamped "filed" copy of the trial court order or judgment from which the appeal is based or any application not containing a stamped "filed" copy of the certificate of immediate review.
The Clerk shall not receive an application unless filing fees have been paid or one or more of the exceptions set out in Rule 5 have been met. See OCGA § 5-6-4. The filing fee shall be in the amount set out in Rule 5. The filing date is the date the application is received in conformity with all court rules and all applicable fees are paid.
The applicant shall include with the application a copy of any petition or motion that led directly to the order or judgment being appealed and a copy of any responses to the petition or motion.
Applications for interlocutory appeal pursuant to OCGA § 5-6-34(b) must include sufficient material to apprise the Court of the appellate issues, in context, and support the arguments advanced. Failure to submit sufficient material to apprise the Court of the issues and support the argument shall result in denial of the application.
Applicants who are represented by counsel must efile applications pursuant to Rule 46, Electronic Filing of Documents, and in compliance with this Court's efiling instructions. Pro se parties may either efile or file paper documents.
"I, the undersigned attorney of record in the above-styled case, certify that all of the documents that have been uploaded as exhibits are directly relevant to the arguments raised in the application, are necessary to apprise the Court of the appellate issues, and support the arguments advanced in the application. "
If the application materials are nevertheless found to include unnecessary or duplicative exhibits, a sanction of up to $2,500 may be imposed upon the attorney filing the application. See Rule 7(e) (2), Contempt Penalty.
No application for interlocutory appeal shall be filed under seal unless counsel has moved the Court for permission to do so and the Court has granted the motion.
No extension of time shall be granted to file interlocutory applications or responses to interlocutory applications.
Responses are due within 10 days of docketing. No response is required, unless ordered by the Court.
If the interlocutory application is granted, the appellant must file a notice of appeal in the trial court within 10 days of the date of the order granting the application.
No pleadings will be accepted on an application for interlocutory appeal which are filed more than 30 days after the date of the order granting, denying, or dismissing the application or the motion for reconsideration.
Ga. Ct. App. 30