What is a Petition for Review?

A “petition for review” is the new procedure for appealing any final judgment of a “lower judicatory” to a superior court or state court. OCGA §§ 5-3-1 to 5-3-21. Judicatory means any court, official, board, tribunal, commission, municipal or county authority, council, or similar body exercising judicial or quasi-judicial powers. OCGA § 5-3-3 (5). Lower judicatory means any “judicatory” inferior in authority to the superior and state courts and subject to the appellate jurisdiction of the superior or state courts as provided by law and the Georgia Constitution. OCGA § 5-3-3 (6).

When are the filing deadlines?

Unless an exception applies, a petitioner must file a petition for review with the clerk of the reviewing court within 30 days after:
  • If the lower judicatory has a clerk: The date the final judgment in the lower judicatory is filed or recorded, whatever comes first; or
  • If the lower judicatory does not have a clerk: The date the final judgment in the lower judicatory is signed and notice of the final judgment has been provided to all parties. OCGA § 5-3-7 (b).
  • Shorter timeline for landlord/tenant dispossessory proceedings: A copy of the petition for review filed in the reviewing superior or state court must be filed in the trial court that rendered the decision appealed (e.g., the magistrate court) within seven days after the date the appealed judgment was entered in the trial court. OCGA § 44-7-56 (b) (1).
  • A demand for a jury trial in a petition for review must be filed in the reviewing court within 30 days after filing a petition for review. OCGA § 5-3-5 ( c).
  • The reviewing court is only allowed to grant one filing deadline extension not to exceed 30 days for the filing of a petition for review. OCGA § 5-3-11 (b).
  • However, the reviewing court is allowed to grant additional filing deadline extensions for other documents if necessary to permit a just and expeditious review. OCGA § 5-3-11 (b).

When are the service deadlines?

  • Within five days: The petitioner must serve a copy of his or her petition for review on all the parties and the lower judicatory that made the final judgment appealed within five days after filing the petition for review in the reviewing court. Serve the lower judicatory’s clerk if they have one. OCGA § 5-3-7 (g)-(h).
  • Reviewing court’s case number: The copy of the petition for review served on the lower judicatory by the petitioner must include the reviewing court’s case number, as provided in the attached Model Petition for Review. OCGA § 5-3-7 (h).
  • Within 30 days: The respondent must file his or her response to a petition for review with the reviewing court within 30 days after being served with a copy of the petition for review. If you have any, include any counterclaims, cross appeals, defenses, or third-party claims. OCGA § 5-3-8 (a).
  • Within 30 days: A petitioner’s reply (if any) to a (respondent’s) response must be filed by the petitioner within 30 days after being served with a copy of the (respondent’s) response. Include counterclaims, cross appeals, defenses, or third-party claims if you have any. OCGA § 5-3-8 ( c).

For more information please review the Citizens Guide to the Petition for Review Process