Deadlines & Timeline

Missing the wrong deadline can permanently close doors. This guide highlights common timing rules in Georgia and federal cases. It’s general information—not legal advice—and your exact deadlines depend on your case.

Key Deadline Rules (Georgia and Federal)

Georgia Criminal Appeals: Notice of Appeal

• The basic rule: File a notice of appeal within 30 days after entry of the appealable judgment.
• Important exception: If a motion for new trial is filed, the deadline shifts to 30 days after the order disposing of that motion.
• Practice note: Trial counsel often files the notice to preserve rights, even if appellate counsel takes over later.

Georgia Motion for New Trial

A motion for new trial must be filed within 30 days of the entry of judgment on the verdict. Filing one can extend the notice-of-appeal deadline. In many Georgia cases, deciding whether to file a motion for new trial is the first strategic fork in the road after sentencing.

Federal Criminal Appeals: Notice of Appeal

In federal criminal cases, the notice of appeal is due within 14 days after entry of judgment. Unlike Georgia’s 30-day window, the federal deadline is tight—there’s almost no margin for delay.

Federal Motion for New Trial (Rule 33)

Federal motions for new trial have different deadlines depending on the grounds:

• Most grounds: 14 days after the verdict or finding of guilty
• Newly discovered evidence: 3 years after the verdict

Habeas Time Limits: When Post-Conviction Relief Is Still Possible

Habeas corpus—challenging a conviction after direct appeal—has its own timing rules. The windows are long compared to appeal deadlines, but they’re still hard limits.

Georgia State Habeas Corpus

For felony convictions in Georgia, you typically have 4 years from when your conviction becomes final. Final usually means the end of your direct appeal—or, if you didn’t appeal, when your time to file an appeal expired. The 4-year clock generally does not start at sentencing.

Federal Habeas for State Convictions

If you were convicted in Georgia state court and want to challenge that conviction in federal court, you typically have 1 year from when your conviction became final. (Federal habeas for state convictions also involves rules like exhaustion and procedural default—but the 1-year clock is the starting constraint.)

Federal Habeas for Federal Convictions

If you were convicted in federal court, a 2255 motion is typically due within 1 year of when the conviction becomes final—often after the direct appeal is decided or the time to appeal expires.

What the Timeline Usually Looks Like After Conviction

Exact timing varies depending on the court, transcript availability, case complexity, and whether extensions are granted. But most cases follow a recognizable sequence.

Quick Checklist: If You’re Within 30 Days of Sentencing

• Confirm deadlines immediately: Find out whether a notice of appeal needs to be filed now—and whether a motion for new trial is being considered (Georgia: typically within 30 days).
• Request transcripts: Don’t wait. Transcript delays are one of the most common bottlenecks in appeals.
• Save all documents: Keep copies of the sentencing order, judgment, and other court filings. You’ll need them.
• Write down the timeline: Document dates while they’re fresh: sentencing date, when motions were filed, and when rulings came down.