Rule 5. FILING FEES

(1) Filing Fees.

(a) $80 in all criminal cases and in habeas corpus cases involving persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court.

(b) $300 in all other civil cases.

(c) Filing fees accrue upon docketing of the direct appeal, an application for discretionary or interlocutory appeal, or an emergency motion. The fees shall be paid by the applicant or movant no later than the filing of the application or motion or in the case of direct appeals, at the time of the filing of the original brief of the appellant. The filing fee must be paid even if the direct appeal is resolved (i.e., withdrawn, dismissed, etc.) before appellant files a brief.

(d) When the Court of Appeals transfers a case from that court to the Supreme Court, the case shall be docketed and proceed as if it had been originally filed here. No filing fee is required if the fee has already been paid in the Court of Appeals, or if the case involves a party who proceeded in forma pauperis in the Court of Appeals or who is otherwise not required to pay filing fees as set out in Rule 5 (2).

(2) Exceptions to Payment of Filing Fees.

(a) The filing fee will not be assessed where a petition for certiorari, an application for discretionary appeal, an application for interlocutory appeal, an application for interim review, or a certificate of probable 10 cause to appeal has been granted. Also, the filing fee will not be assessed where the filing fee was paid in connection with an emergency motion that was filed before the main appeal was docketed.

(b) Filing fees are not assessed for certified questions under Rule 46, in judge or lawyer discipline cases, in other matters brought by the State Bar of Georgia, or in Office of Bar Admissions matters.

(c) Filing fees are not required where, at the time such fees would otherwise be due, any of the following apply:

(i) The applicant or appellant is pro se (not represented by counsel) and incarcerated;

(ii) Counsel for the applicant or appellant was appointed to represent the applicant or appellant by the trial court because of such client's indigence and, at the time the filing fee would otherwise be due, counsel files a statement that he or she was appointed by the trial court because of such indigence; or

(iii) The applicant or appellant, or counsel for the applicant or appellant files a notarized affidavit of indigence on the form provided by the Court. (Forms may be obtained from the Clerk's Office or from the Court's website.) The form must contain an original signature and must be notarized. Each case filed in this Court requires a separate affidavit.

(3) Duties of the Clerk. The Clerk is prohibited from filing an application, petition for certiorari, emergency motion, or the appellant's brief in a direct appeal unless the filing fee has been paid or one of the exceptions under Rule 5 (2) has been met. The Clerk must reject a filing submitted with an affidavit of indigence if the affidavit (1) is not on the form provided by the Court, (2) does not include an original signature, or

(3) is not properly notarized.

(4) Payment Method. Filing fees may be paid by credit card for any electronic filing or paid by check, money order, or cash if a paper filing is made. Counsel may pre-pay filing fees by submitting a check in person to the Clerk's Office prior to the electronic submission. 11