Ga. Unif. Super. Ct. R. 19.1

(A) Subject to the provisions of OCGA § 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 court’s 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 attorney’s 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.