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§ 5-6-4 - Bill of costs; payment of costs; filing of affidavit of indigence; payment of costs or filing of affidavit as prerequisite to receipt of application for appeal or brief by clerk

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O.C.G.A.5-6-4 (2010)5-6-4.Bill of costs; payment of costs; filing of affidavit ofindigence; payment of costs or filing of affidavit as prerequisite toreceipt of application for appeal or brief by clerkThebill of costs for every application to the Supreme Court for a writ ofcertiorari or for applications for appeals filed in the Supreme Court orthe Court of Appeals or appeals to the Supreme Court or the Court ofAppeals shall be $80.00 in criminal cases and in habeas corpus cases forpersons whose liberty is being restrained by virtue of a sentenceimposed against them by a state court and $300.00 in all other civilcases. The costs shall be paid by counsel for the applicant or appellantat the time of the filing of the application or, in the case of directappeals, at the time of the filing of the original brief of theappellant. In those cases in which the writ of certiorari or anapplication for appeal is granted, there shall be no additional costs.Costs shall not be required in those instances when at the time the sameare due counsel for the applicant or appellant shall file a statementthat an affidavit of indigence has been duly filed or file an affidavitthat he or she was appointed to represent the defendant by the trialcourt because of the defendant's indigency. The clerk is prohibited fromreceiving the application for appeal or the brief of the appellantunless the costs have been paid or a sufficient affidavit of indigenceis filed or contained in the record.
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  • O.C.G.A. 5-6-4 (2010)
    5-6-4. Bill of costs; payment of costs; filing of affidavit of indigence; payment of costs or filing of affidavit as prerequisite to receipt of application for appeal or brief by clerk


    The bill of costs for every application to the Supreme Court for a writ of certiorari or for applications for appeals filed in the Supreme Court or the Court of Appeals or appeals to the Supreme Court or the Court of Appeals shall be $80.00 in criminal cases and in habeas corpus cases for persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court and $300.00 in all other civil cases. The costs shall be paid by counsel for the applicant or appellant at the time of 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. In those cases in which the writ of certiorari or an application for appeal is granted, there shall be no additional costs. Costs shall not be required in those instances when at the time the same are due counsel for the applicant or appellant shall file a statement that an affidavit of indigence has been duly filed or file an affidavit that he or she was appointed to represent the defendant by the trial court because of the defendant's indigency. The clerk is prohibited from receiving the application for appeal or the brief of the appellant unless the costs have been paid or a sufficient affidavit of indigence is filed or contained in the record.

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