Out-of-Time Appeal in Georgia

Review Georgia out-of-time appeal procedures, issue-specific records, official sources, and attorney or non-attorney support options.

Georgia’s statutory request for leave

HB 176 added O.C.G.A. §5-6-39.1, allowing a defendant to seek leave for an out-of-time motion for new trial or notice of appeal within 100 days after the relevant filing period expires. Listed grounds include State consent, excusable neglect, deficient counsel performance and other good cause. The trial judge considers the request. Those categories are grounds to request permission, not a representation that permission will be granted.

What the procedure asks you to distinguish

If leave is granted, the statute generally gives 30 days to file the permitted motion or notice, with the stated extension mechanism. An indigent defendant has a right to assistance of counsel to seek the relief offered by the section. Preserve the expired deadline, instructions to prior counsel and order granting or denying leave. A non-attorney preparer is not a substitute for appointed or retained counsel in that role.

Limits and related routes

The law had a special transition for specified matters dismissed under the referenced Georgia Supreme Court decision and related decisions. That provision ended June 30, 2026. As of October 2026, a directory cannot advertise that past window as still open or describe the 100-day period as starting whenever the person learns about the statute. Guilty-plea direct appeals also have an application requirement under HB 176, so the intended filing must be identified precisely.

Help with documents and court representation

PCRC is a non-attorney legal support and document-preparation service for pro se clients. Attorney advice and court representation are distinct services. Compare the provider type and written scope before engaging help; a featured directory listing does not establish a right to relief.

Records for this issue

  • Judgment and expired filing date
  • Written appeal or new-trial instructions
  • Earlier dismissal or leave orders
  • Evidence supporting the requested permission

Provider roles for this issue

Type of helpTypical purposeConfirm first
Law firmLegal advice and court representationLicensing, case fit, and engagement terms
Non-attorney legal supportDocument preparation, research, organizationPermitted scope; who signs and files
Nonprofit / innocence reviewQualifying case review or legal servicesEligibility, intake, and representation status
Official resourcesForms, rules, records, and court contactsCurrent version and local requirements

Listings have no scores or ratings. Listing methodology

Non-attorney legal support / document preparation

Post-Conviction Relief Center (PCRC)

All four states · Directory owner · Non-attorney

Non-attorney legal support and document preparation for people representing themselves. PCRC operates this directory; services do not include attorney representation.

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Law firm

Brownstone Law

Georgia · Georgia service page

Publishes Georgia post-conviction and habeas representation. Ask the firm which attorney would handle your case and confirm coverage.

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Law firm

Wallack Law

Georgia · Atlanta

Atlanta firm publishing post-conviction services including new-trial motions and habeas petitions.

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Innocence nonprofit

Georgia Innocence Project

Georgia · Innocence-focused

Free representation for qualifying Georgia convictions involving crimes the applicant did not commit. Eligibility is innocence-focused.

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Related Georgia guides

Sources for Out-of-Time Appeal

Common questions

What should be assembled before looking for help?

Bring judgment and expired filing date, written appeal or new-trial instructions, earlier dismissal or leave orders, evidence supporting the requested permission. Keep previous filings and orders alongside the new materials so the procedural history stays visible.

Need help organizing and preparing your case?

PCRC offers non-attorney legal support and document preparation for pro se clients.

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Updated October 8, 2026. General information; the appropriate filing, deadline, and relief depend on the case. Provider information is based on linked public pages, not a licensing audit.