Q: When do I need to contact a lawyer about handling an appeal for me?
A: As soon as possible. The time to file an appeal in a civil case in Georgia is thirty days from entry of judgment. In the Federal system it is thirty days unless the Federal Government is involved, in which case it is sixty days. This is a very short amount of time to decide if you want to appeal or to hire a lawyer to defend the other side’s appeal.

Q: What does a lawyer filing an appeal have to do?
A: The appellate lawyer has to make sure the transcript is typed up and filed with a clerk at the trial court, because it is an essential part of the Record on Appeal that will be sent to the appellate court. The appellate lawyer also has to review all of the pleadings, motions, briefs, and other papers filed in the trial court. After this, the appellate lawyer can begin to draft his or her brief to file with the appellate court.

Q: How long does it take to get an appeal before the appellate court?
A: Once the record on appeal is prepared, the case will be docketed in the appellate court and the appellant typically will have forty-five days to file his or her brief and other required papers.

Q: When will I know about the oral argument in my case?
A: In both the Georgia and Federal Courts, it is the court that decides whether there will be an oral argument. The parties can ask for an oral argument, but the court has to decide whether it wishes to hear oral arguments and if so it will set the case on its calendar for arguments.

Q: When will I get a decision in my case?
A: The Georgia Courts have what is called a two term rule, requiring the case to be decided before two full terms of court have expired. There are four terms of court in a year and so it should not take more than a half year, at most, to get a decision. The Federal appeals do not have this time restriction and the time could be as short as a month after the briefs are submitted if the appellate court thinks the decision is straight forward or as long as a year. It is up to the judges on the three judge panel (state or federal) to decide how long it takes to decide the case.

Q: How is my attorney fee determined?
A: An appeal is handled either as a flat fee, or on an hourly rate basis, plus reimbursement of expenses of litigation and cost. This is determined after consultation with the lawyer in the office.