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§ 5-6-43 - Preparation and transmittal of record on appeal by court clerk; retention of copy by clerk; furnishing to Attorney General in capital cases; notification where defendant confined to jail

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O.C.G.A.5-6-43 (2010)5-6-43.Preparation and transmittal of record on appeal by courtclerk; retention of copy by clerk; furnishing to Attorney General incapital cases; notification where defendant confined to jail (a)Withinfive days after the date of filing of the transcript of evidence andproceedings by the appellant or appellee, as the case may be, it shallbe the duty of the clerk of the trial court to prepare a complete copyof the entire record of the case, omitting only those things designatedfor omission by the appellant and which were not designated forinclusion by the appellee, together with a copy of the notice of appealand copy of any notice of cross appeal, with date of filing thereon, andtransmit the same, together with the transcript of evidence andproceedings, to the appellate court, together with his certificate as tothe correctness of the record. Where no transcript of evidence andproceedings is to be sent up, the clerk shall prepare and transmit therecord within 20 days after the date of filing of the notice of appeal.If for any reason the clerk is unable to transmit the record andtranscript within the time required in this subsection or when anextension of time was obtained under Code Section 5-6-39, he shall statein his certificate the cause of the delay and the appeal shall not bedismissed. The clerk need not recopy the transcript of evidence andproceedings to be sent up on appeal but shall send up the reporter'soriginal and retain the copy, as referred to in Code Section 5-6-41; andit shall not be necessary that the transcript be renumbered as a partof the record on appeal. The clerk shall retain an exact duplicate copyof all records and the transcript sent up, with the same pagination, inhis office as a permanent record.(b)Wherethe accused in a criminal case was convicted of a capital felony, theclerk shall likewise furnish the Attorney General with an exact copy ofthe record on appeal, for which the clerk shall receive a fee asrequired by paragraph (6) of subsection (h) of Code Section 15-6-77, tobe paid out of funds appropriated to the Department of Law.(c)Wherea defendant in a criminal case is confined in jail pending appeal, itshall be the duty of the clerk to state that fact in his certificate;and it shall be the duty of the appellate court to expedite dispositionof the case.(d)Where a transcript ofevidence and proceedings is already on file at the time the notice ofappeal is filed, as where the transcript was previously filed inconnection with a motion for new trial or for judgment notwithstandingthe verdict, the clerk shall cause the record and transcript (wherespecified for inclusion) to be transmitted as provided in subsection (a)of this Code section within 20 days after the filing of the notice ofappeal.
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  • O.C.G.A. 5-6-43 (2010)
    5-6-43. Preparation and transmittal of record on appeal by court clerk; retention of copy by clerk; furnishing to Attorney General in capital cases; notification where defendant confined to jail


    (a) Within five days after the date of filing of the transcript of evidence and proceedings by the appellant or appellee, as the case may be, it shall be the duty of the clerk of the trial court to prepare a complete copy of the entire record of the case, omitting only those things designated for omission by the appellant and which were not designated for inclusion by the appellee, together with a copy of the notice of appeal and copy of any notice of cross appeal, with date of filing thereon, and transmit the same, together with the transcript of evidence and proceedings, to the appellate court, together with his certificate as to the correctness of the record. Where no transcript of evidence and proceedings is to be sent up, the clerk shall prepare and transmit the record within 20 days after the date of filing of the notice of appeal. If for any reason the clerk is unable to transmit the record and transcript within the time required in this subsection or when an extension of time was obtained under Code Section 5-6-39, he shall state in his certificate the cause of the delay and the appeal shall not be dismissed. The clerk need not recopy the transcript of evidence and proceedings to be sent up on appeal but shall send up the reporter's original and retain the copy, as referred to in Code Section 5-6-41; and it shall not be necessary that the transcript be renumbered as a part of the record on appeal. The clerk shall retain an exact duplicate copy of all records and the transcript sent up, with the same pagination, in his office as a permanent record.

    (b) Where the accused in a criminal case was convicted of a capital felony, the clerk shall likewise furnish the Attorney General with an exact copy of the record on appeal, for which the clerk shall receive a fee as required by paragraph (6) of subsection (h) of Code Section 15-6-77, to be paid out of funds appropriated to the Department of Law.

    (c) Where a defendant in a criminal case is confined in jail pending appeal, it shall be the duty of the clerk to state that fact in his certificate; and it shall be the duty of the appellate court to expedite disposition of the case.

    (d) Where a transcript of evidence and proceedings is already on file at the time the notice of appeal is filed, as where the transcript was previously filed in connection with a motion for new trial or for judgment notwithstanding the verdict, the clerk shall cause the record and transcript (where specified for inclusion) to be transmitted as provided in subsection (a) of this Code section within 20 days after the filing of the notice of appeal.

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