Transfer of Filing Fee Upon Transfer of Case to State or Superior Court; Failure to Transmit Fee

  1. Law
  2. Georgia Code
  3. Courts
  4. Magistrate Courts
  5. Fees and Costs
  6. Transfer of Filing Fee Upon Transfer of Case to State or Superior Court; Failure to Transmit Fee

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  1. When any case is transferred from the magistrate court to the state court or superior court, the magistrate court shall transmit to the state court clerk or superior court clerk the filing fee paid to the magistrate court. The state court clerk or superior court clerk shall file the case without further deposit against costs or filing fee, but as between the parties the costs shall be as in other cases in the state court or superior court. This subsection shall only apply to actions filed on or before June 30, 2012.
  2. When any case is transferred from the magistrate court to the state court or superior court, the magistrate court shall transmit to the state court clerk or superior court clerk the filing fee paid to the magistrate court. The state court clerk or superior court clerk shall file the case without further deposit against costs or filing fee; provided, however, that all costs and filing fees shall be paid by the parties within 30 days. Failure to pay such costs and filing fees shall result in a dismissal of the transferred case unless there is good cause shown. The magistrate court clerk shall transmit to the clerk of the state court or superior court a certified copy of the contents of the entire file for the case being transferred. This subsection shall only apply to actions filed on or after July 1, 2012.

(Code 1981, §15-10-87, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 2012, p. 173, § 1-28/HB 665.)

Cross references.

- Filing and processing documents, Uniform State Court Rules, Rule 36.

ARTICLE 6 CONSTABLES, CLERK, AND OTHER COURT PERSONNEL

Cross references.

- Notice of selection of magistrates, constables, and clerks of magistrate court, Uniform Rules for the Magistrate Courts, Rule 13.

Law reviews.

- For article, "Courts: Juvenile Justice Reform," see 30 Ga. St. U. L. Rev. 63 (2013).


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