Process for Bringing a Claim Before Court; Filings

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  2. Georgia Code
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  4. State-Wide Business Court
  5. Process for Bringing a Claim Before Court; Filings

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  1. Except as provided in subsection (b) of this Code section, all claims provided for under Code Section 15-5A-3 may only come before the Georgia State-wide Business Court by:
    1. Any party filing a pleading with the Georgia State-wide Business Court to initiate a civil action that is not already pending in superior court or state court unless any defendant within 30 days after receipt by all defendants, through service of process, of a copy of the initial pleading setting forth the claim for relief upon which such action is based objects and petitions the Georgia State-wide Business Court to transfer such action to the superior court or state court with which venue is otherwise proper. The judge of the Georgia State-wide Business Court shall then compel transfer of the case to such superior court or state court, unless the action involves a contract claim or dispute where all parties are business entities and such contract provides that such dispute shall come before the Georgia State-wide Business Court;
    2. All parties to a civil action already filed in superior court or state court agreeing to remove the action to the Georgia State-wide Business Court and then filing such agreement with the Georgia State-wide Business Court, provided that the petition for removal is filed within 60 days of such action being filed in superior court or state court; or
    3. Any party to a civil action already filed in superior court or state court filing with the Georgia State-wide Business Court a petition to transfer such action to the Georgia State-wide Business Court; provided, however, that:
      1. Such a petition to transfer is filed within 60 days after receipt by all defendants, through service of process as provided in Code Section 9-11-4, of a copy of the initial pleading setting forth the claim for relief upon which such action is based. The judge of the Georgia State-wide Business Court, after considering the petition to transfer and all timely responses from the other party or parties in the case, shall thereafter determine whether the case is within the jurisdiction of the Georgia State-wide Business Court, and with a presumption that the civil action remains in the court of filing, the judge may enter an order compelling the transfer of the case to the Georgia State-wide Business Court unless a party objects within 30 days of the filing of the petition to transfer; or
      2. Such a petition to transfer is filed within 60 days after receipt by all defendants, through service of process as provided in Code Section 9-11-5 or as otherwise provided by law, of a copy of an amended pleading, motion, order, or other document from which the party petitioning to transfer may first ascertain that the case is transferable. The judge of the Georgia State-wide Business Court, after considering the petition to transfer and all timely responses from the other party or parties in the case, shall thereafter determine whether the case is within the jurisdiction of the Georgia State-wide Business Court, and with a presumption that the civil action remains in the court of filing, the judge may enter an order compelling transfer of the case to the Georgia State-wide Business Court unless a party objects within 30 days of the filing of the petition to transfer.
  2. Notwithstanding subsection (a) of this Code section, the Georgia State-wide Business Court may transfer to the appropriate superior court or state court any and all claims filed in the Georgia State-wide Business Court and may reject acceptance of any and all petitions to transfer or petitions for removal to the Georgia State-wide Business Court, even if such claims are within the jurisdiction of the Georgia State-wide Business Court.
  3. Notwithstanding any other law, when the superior court or state court where a claim is pending receives a certified copy of an order issued by the Georgia State-wide Business Court transferring or removing such civil action to the Georgia State-wide Business Court pursuant to paragraph (2) or (3) of subsection (a) of this Code section, such superior court or state court shall certify the transfer or removal from the superior court or state court to the Georgia State-wide Business Court.
    1. A pleading, petition, or other document as provided in subsection (a) of this Code section that is filed with the Georgia State-wide Business Court shall be deemed filed as of the time of its receipt by the filing service provider of the Georgia State-wide Business Court.
    2. Where such pleading, petition, or other document is filed within an applicable statute of limitations, such filing shall toll that applicable statute of limitations and such statute of limitations shall remain tolled until the date that the Georgia State-wide Business Court accepts or rejects acceptance of the pleading, petition, or other document as provided in subsection (a) of this Code section.

(Code 1981, §15-5A-4, 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, substituted "remains" for "remain" in the middle of the second sentence of subparagraphs (a)(3)(A) and (a)(3)(B).


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