Appeals

O.C.G.A. § 5-3-3, et seq. became effective July 1, 2023. These code sections set forth the new process for appealing cases out of the Gwinnett County Magistrate Court.

According to the new law, the "Petitioner" (formerly known as the appealing party) can only appeal a Magistrate Court decision by filing a "Petition for Review" (formerly known as the Notice of Appeal) in the “Reviewing Court” (either the State or Superior Court, depending on subject matter jurisdiction). *Please note that the State and Superior Court require all pleadings to be e-filed through eFileGA.

Timeliness: The Petition for Review must be filed in the State or Superior Court: (1) for civil cases, within 30 days from the date of the Magistrate Court Judgment (O.C.G.A. § 5-3-7); and (2) for dispossessory cases, within 7 days from the date of the Magistrate Court Dispossessory Judgment (O.C.G.A. § 44-7-56).

There are also notice and service requirements that the Petitioner must comply with. Those requirements can be found at O.C.G.A. §§ 5-3-7 and 5-3-10.

Petition for Review Form: O.C.G.A. § 5-3-7 also sets forth the specific form of the Petition for Review and the information it must include. The form utilized by the Gwinnett Judicial Circuit is available on the Clerk of Court website.

Please also note that O.C.G.A. § 15-10-41(b)(2) provides: "No appeal shall lie from a default judgment or from a dismissal for want of prosecution after a nonappearance of a plaintiff for trial. Any voluntary dismissal by the plaintiff or by order of the court for want of prosecution shall be without prejudice except that the filing of a second such dismissal shall operate as an adjudication upon the merits. Review, including review of a denial of a post judgment motion to vacate a judgment, shall be by petition for review to the state court of that county or to the superior court of that county."

Disclaimer: This is only intended as general information. The Judges, judicial staff, and the clerks are prohibited by law from giving you legal advice about your case or what you should do to appeal. Therefore, anyone seeking to appeal a Magistrate Court Judgment should review all the legal requirements set forth in the applicable code sections (beginning at O.C.G.A. § 5-3-3) and refer any specific questions regarding the appeal process to a licensed attorney.

	Petition for Review from Magistrate Court to State Court
	Petition for Review from Magistrate Court to Superior Court
	Certificate of Service for Petition for Review to State Court
	Certificate of Service for Petition for Review to Superior Court