Title 5, Chapter 3, Section 22
( 5-3-22)
(a) No appeal shall be heard in the superior court until any costs
which have accrued in the court, agency, or tribunal below have been
paid unless the appellant files with the superior court or with the
court, agency, or tribunal appealed from an affidavit stating that
because of his indigence he is unable to pay the costs on appeal. In
all cases, no appeal shall be dismissed in the superior court
because of nonpayment of the costs below until the appellant has
been directed by the court to do so and has failed to comply with
the court's direction. (b) Filing of the notice of appeal and payment of costs or filing of
an affidavit as provided in subsection (a) of this Code section
shall act as supersedeas, and it shall not be necessary that a
supersedeas bond be filed; provided, however, that the superior
court upon motion may at any time require that supersedeas bond with
good security be given in such amount as the court may deem
necessary unless the appellant files with the court an affidavit
stating that because of his indigence he is unable to give bond. |