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Rule 19.1 – Civil

May 11, 2021 | Civil Procedure, Georgia

(A) Subject to the provisions of O.C.G.A. ยง 9-11-12 and section (C) of this rule, a timely motion in any pending civil action or proceeding (1) by any party, that jurisdiction is lacking or that venue is improper, or (2) by the court, sua sponte, that subject matter jurisdiction is lacking, shall be treated as a motion to transfer the action to another court, whether in the same or another county of this state.
(B) The moving party shall specify the court(s) having jurisdiction and in which venue properly would lie.
(C) If the basis of the motion is that a party necessary to the courts jurisdiction has been dismissed during or at the conclusion of the trial, the motion shall be made immediately and orally; any opposition shall be made orally. Should the motion to transfer be granted as to the remaining parties the claim against the party dismissed shall be severed, so that the order of dismissal will be final for purposes of appeal.
(D) Unless otherwise ordered by the court, notice of a written motion to transfer shall be served upon all parties, including any who failed to file pleadings in the matter at least 10 days before the motion is heard. A party opposing a written motion to transfer shall notify the court and all other parties in writing within 10 days after service upon that party of the motion to transfer; such notice shall designate the basis upon which it is claimed that the court in which the action pends has jurisdiction and upon which venue is claimed to be proper.
(E) When a motion to transfer is filed, the court may stay all other proceedings in the pending action until determination of the motion.
(F) No action or proceeding may be transferred except upon written order of the court in which the action pends (transferor court), reasonable notice of which shall be given to all parties. This order shall specify the court to which the matter is to be transferred (transferee court) and shall state that unless plaintiff pays all accrued court costs within 20 days of mailing or delivery of the cost bill to plaintiff, the action shall automatically stand dismissed without prejudice.

The court ruling upon a motion to transfer may award reasonable attorneys fees to the prevailing party; if the court grants the motion, transfer costs of $50 shall be taxed, unless the court expressly determines otherwise, in its discretion.

(G) When an order transferring an action is filed with the clerk of the court entering such order, the clerk shall promptly compute the court costs, including the costs incident to preparing and transferring the record as provided in subparagraph (H) of this rule, and shall notify counsel for plaintiff (or, the plaintiff, if there is no counsel of record) in writing of the amount of the court costs. Plaintiff shall pay the costs within 20 days of mailing or delivery of the cost bill; if costs are not paid within that time, the action shall automatically stand dismissed, without prejudice.
(H) Upon timely payment of costs, the clerk of the transferor court shall make and retain copies of (1) the complaint or initial pleading, (2) the motion to transfer if in writing, and (3) the order of transfer. The originals of all pleadings, orders, depositions and other papers on file shall be indexed and certified by the clerk of the transferor court and transmitted, with the transfer cost (if applicable), to the clerk of the transferee court in the manner provided by law for transmittal of records to appellate courts.
(I) Upon receipt of the items specified in subparagraph (H) of this rule, the clerk of the transferee court shall assign the action an appropriate number and notify all parties and their respective counsel of record thereof. The action thereafter shall continue in the transferee court as though initially commenced there; all items specified in subparagraph (H) of this rule shall be deemed amended accordingly. It shall not be necessary that service of process be perfected a second time upon parties defendant, except that any publication required to be made in a newspaper in the proper venue shall be republished. Any interlocutory or other order theretofore entered in the action, upon the motion of any party, shall be reviewed, and thereafter reissued or vacated by the court to which the action was transferred.

Ga. R. Sup. Ct. 19.1