§ 5-6-43 - Preparation and transmittal of record on appeal by court clerk; retention of copy by clerk; furnishing to Attorney General in capital cases; notification where defendant confined to jail
               	 		
O.C.G.A.    5-6-43   (2010)
    5-6-43.    Preparation and transmittal of record on appeal by court  clerk; retention of copy by clerk; furnishing to Attorney General in  capital cases; notification where defendant confined to jail 
      (a)  Within  five days after the date of filing of the transcript of evidence and  proceedings by the appellant or appellee, as the case may be, it shall  be the duty of the clerk of the trial court to prepare a complete copy  of the entire record of the case, omitting only those things designated  for omission by the appellant and which were not designated for  inclusion by the appellee, together with a copy of the notice of appeal  and copy of any notice of cross appeal, with date of filing thereon, and  transmit the same, together with the transcript of evidence and  proceedings, to the appellate court, together with his certificate as to  the correctness of the record. Where no transcript of evidence and  proceedings is to be sent up, the clerk shall prepare and transmit the  record within 20 days after the date of filing of the notice of appeal.  If for any reason the clerk is unable to transmit the record and  transcript within the time required in this subsection or when an  extension of time was obtained under Code Section 5-6-39, he shall state  in his certificate the cause of the delay and the appeal shall not be  dismissed. The clerk need not recopy the transcript of evidence and  proceedings to be sent up on appeal but shall send up the reporter's  original and retain the copy, as referred to in Code Section 5-6-41; and  it shall not be necessary that the transcript be renumbered as a part  of the record on appeal. The clerk shall retain an exact duplicate copy  of all records and the transcript sent up, with the same pagination, in  his office as a permanent record.
(b)  Where  the accused in a criminal case was convicted of a capital felony, the  clerk shall likewise furnish the Attorney General with an exact copy of  the record on appeal, for which the clerk shall receive a fee as  required by paragraph (6) of subsection (h) of Code Section 15-6-77, to  be paid out of funds appropriated to the Department of Law.
(c)  Where  a defendant in a criminal case is confined in jail pending appeal, it  shall be the duty of the clerk to state that fact in his certificate;  and it shall be the duty of the appellate court to expedite disposition  of the case.
(d)  Where a transcript of  evidence and proceedings is already on file at the time the notice of  appeal is filed, as where the transcript was previously filed in  connection with a motion for new trial or for judgment notwithstanding  the verdict, the clerk shall cause the record and transcript (where  specified for inclusion) to be transmitted as provided in subsection (a)  of this Code section within 20 days after the filing of the notice of  appeal.