25 LC 48 1506
House Bill 545
By: Representative Jones of the 60
th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 5-6-42 of the Official Code of Georgia Annotated, relating to
1
procedure for preparation and filing of transcript of evidence and proceedings where2
appellant designates matter to be omitted from record on appeal and extensions of time for3
completion of transcript, so as to provide for transcript requests; to provide a short title; to4
provide for related matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
This Act shall be known and may be cited as the "Terry Act."8
SECTION 2.9
Code Section 5-6-42 of the Official Code of Georgia Annotated, relating to procedure for10
preparation and filing of transcript of evidence and proceedings where appellant designates11
matter to be omitted from record on appeal and extensions of time for completion of12
transcript, is amended by revising said Code section as follows:13
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"5-6-42.
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If the appellant designates any matter to be omitted from the record on appeal as provided15
in Code Section 5-6-37, the appellee may, within 15 days of serving of the notice of appeal16
by appellant, file a designation of record designating that all or part of the omitted matters17
be included in the record on appeal. A copy of the designation shall be served on all other18
parties in the manner prescribed by Code Section 5-6-32. Where there is a transcript of19
evidence and proceedings to be included in the record on appeal, the appellant shall cause20
the transcript to be prepared and filed as provided by Code Section 5-6-41;
by filing the21
notice of appeal with the clerk of the court, and shall request the transcripts from the court22
reporter listed on the notice of appeal. The court reporter shall file the transcripts with the23
clerk of the court as provided by Code Section 5-6-41; but, when the appellant has24
designated that the transcript not be made a part of the record on appeal and its inclusion25
is by reason of a designation thereof by appellee, the appellee shall cause the transcript to26
be prepared and filed as referred to in Code Section 5-6-41 at his the appellee's expense.27
The party having the responsibility of filing the transcript shall cause it to be filed within28
30 days after filing of the notice of appeal or designation by appellee, as the case may be,29
unless the time is extended as provided in Code Section 5-6-39. In all cases, it shall be the30
duty of the trial judge to grant such extensions of time as may be necessary to enable the31
court reporter to complete his or her transcript of evidence and proceedings."32
SECTION 3.33
All laws and parts of laws in conflict with this Act are repealed. 34
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