Terms of Court; Location; Presiding Judge; Venue; Transferring of Case

  1. Law
  2. Georgia Code
  3. Courts
  4. State-Wide Business Court
  5. Terms of Court; Location; Presiding Judge; Venue; Transferring of Case

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  1. The terms of court for the Georgia State-wide Business Court shall be the same as the terms of court for the Supreme Court.
  2. The Georgia State-wide Business Court shall sit at the seat of government in Atlanta or shall sit in Macon-Bibb County and shall conduct proceedings and trials in locations as provided for in this Code section.
    1. All cases before the Georgia State-wide Business Court may have pretrial proceedings conducted at the seat of government, in Atlanta, in Macon-Bibb County, or, in the sole discretion of the judge of the Georgia State-wide Business Court to whom the case is assigned, conducted via video, telephone, or other efficient technological means as may be deemed necessary or useful to conserve the resources of the parties or the court.
    2. At the request of any party to a case, the judge of the Georgia State-wide Business Court to whom the case is assigned may, in his or her sole discretion, conduct any pretrial proceeding in the county in which the trial of such case shall be conducted pursuant to the Constitution of this state.
  4. The judge of the Georgia State-wide Business Court to whom a case is assigned shall preside over a bench trial unless any party requests a jury trial. If such request is made, the judge of the Georgia State-wide Business Court to whom the case is assigned shall preside over such jury trial. Any trial of a case before the Georgia State-wide Business Court shall take place in the county where venue is proper pursuant to subsection (e) of this Code section.
  5. Proper venue in the Georgia State-wide Business Court shall be as provided:
    1. In Code Section 9-10-93 or 14-2-510 or as otherwise prescribed by law or the Constitution of this state when initiating a civil action that has not already been filed in superior court or state court; provided, however, that, if more than one venue is proper, then the party initiating the civil action in the Georgia State-wide Business Court shall select among the proper venues at the time of filing in the Georgia State-wide Business Court;
    2. In the pleadings, if proper, that initiated the civil action in superior court or state court when petitioning the Georgia State-wide Business Court for removal or transfer; provided, however, that, if venue is improper in the pleading that initiated the civil action in superior court or state court, then venue shall be set by the judge of the Georgia State-wide Business Court; or
    3. By the parties when all parties agree on the proper venue.
  6. When the judge of the Georgia State-wide Business Court is disqualified from presiding over a case or proceeding pursuant to the Georgia Code of Judicial Conduct or Code Section 15-1-8, the case shall be transferred to another judge of the Georgia State-wide Business Court, if applicable, and if no other judge of the Georgia State-wide Business Court may preside over such case, then the Supreme Court shall order a sitting judge of the Court of Appeals, the superior court, or the state court to sit by designation as a judge of the Georgia State-wide Business Court.

(Code 1981, §15-5A-2, enacted by Ga. L. 2019, p. 845, § 1-1/HB 239; Ga. L. 2020, p. 493, § 15/SB 429.)

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, revised capitalization in paragraph (e)(2).


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