Rule 36. GENERAL PROVISIONS

(1) Application for a Certificate of Probable Cause to Appeal. Structure and Content An application for a certificate of probable cause to appeal must identify separately and concisely each alleged ground for relief from the challenged conviction or sentence; it must state the facts that support each ground; and it must have attached a stamped copy of the habeas court order being appealed, showing the date of filing. A certified transcript is not necessary, but exhibits and relevant portions of the transcript should be attached to the petition to demonstrate to the Court what the record will show if the petition is granted. Responses to an application for a certificate of probable cause to appeal filed are encouraged but not required except as ordered by this Court. If so ordered, the response should be filed as a brief. The application for a certificate of probable cause to appeal will be considered by the Court without oral argument. 34 Standard for Granting A certificate of probable cause to appeal a final judgment in a habeas corpus case involving a criminal conviction will be issued where there is arguable merit, provided that there has been compliance with OCGA § 9- 14-52(b).

(2) Original Petitions. Although the Supreme Court has the constitutional authority to issue process in the nature of a mandamus, prohibition, specific performance, quo warranto, and injunction as necessary in aid of its jurisdiction or to perfect or effectuate its judgment, see Ga. Const. of 1983, Art. VI, Sec. I, Par. IV, original petitions seeking such relief will be granted only under extremely rare circumstances. The Court generally will not exercise its authority under this constitutional provision if it appears that the petition is seeking to circumvent the proper channels for obtaining relief in the trial court. An original petition for mandamus against a superior court judge will be considered by the Supreme Court only when a stand-alone petition for mandamus was first filed in the same superior court to be decided by another judge and that procedure proved ineffective. Responses to a petition are not required except as ordered by this Court. Structure and Content A Rule 36 (2) petition shall:

(a) Contain an explanation why an order of this Court is necessary and why jurisdiction lies in this Court rather than the Court of Appeals or another court;

(b) Include sufficient material to apprise the Court of the issues, in context, and to support the arguments advanced; and; and

(c) Contain a certificate of service demonstrating that service was made upon all opposing parties contemporaneously with or before filing the 35 petition with the Court. If service is made by United States Postal Service or a commercial delivery service, the certificate of service shall include the full name and complete mailing address for all recipients. If service is made electronically, the certificate of service shall include the full name and complete e-mail address for all recipients. Failure to comply with any requirement contained in paragraphs (a) – (c) may result in dismissal of the petition. VI. INTERIM APPELLATE REVIEW