After receiving the remittitur and judgment of an appellate court, a copy of the notice of appeal, the remittitur and the index of each appeal shall be filed with the original action and the balance of the copy of the record destroyed, although the original shall be retained. If two or more cases are involved in one appeal, the above-referenced material shall be placed in one of the case files and a cross-reference to that file shall be noted in the remaining file(s).
Rule 38.FILING OF REMITTITUR AND JUDGMENT
Rule 38. FILING OF REMITTITUR AND JUDGMENT · Not amended since adoption on record · Last verified July 17, 2026
In one sentenceRequires the clerk, after receiving an appellate court’s remittitur and judgment, to file a copy of the notice of appeal, the remittitur, and the appeal index with the original case, destroy the balance of the record copy, and cross-reference multiple case files when one appeal covers several cases.
Full Text of Rule 38
Plain-English Summary
Rule 38 closes the loop after an appeal. Once the trial court receives the remittitur — the appellate court’s official notice sending the case back — along with the appellate judgment, the clerk has specific paperwork to handle. A copy of the notice of appeal, the remittitur itself, and the index of the appeal all get filed with the original action in the trial court’s file. The remaining copy of the appellate record, once these key pieces are pulled out, gets destroyed, though the original record stays intact.
This keeps the trial court file from growing with duplicate material the appellate court already preserves as the official record, while still leaving a clear trail — the notice of appeal, remittitur, and index — showing that the case went up on appeal and what came back.
The rule also handles a wrinkle that comes up when one appeal covers more than one case. Rather than duplicating the remittitur materials across every file, the rule places them in a single case file and requires a cross-reference noted in each of the other files, so anyone looking at any of the related cases can find where the appellate materials live.
Frequently Asked Questions
What must the clerk file with the original action after receiving a remittitur and judgment?
A copy of the notice of appeal, the remittitur, and the index of the appeal.
What happens to the rest of the copy of the appellate record?
The balance of the copy of the record is destroyed, although the original is retained.
What happens when one appeal involves two or more cases?
The remittitur materials are placed in one of the case files, and a cross-reference to that file is noted in the remaining file or files.
Is the original appellate record destroyed under Rule 38?
No. The rule specifies that “the original shall be retained,” even as the balance of the copy is destroyed.
What triggers the filing obligations under Rule 38?
Receiving the remittitur and judgment of an appellate court.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
Also known as: Georgia remittitur filing rule superior courtUSCR 38 filing of remittitur and judgmentwhat happens to appellate record after remittitur Georgiacross-reference multiple case files appeal Georgiapost-appeal filing procedure superior court