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GA · rules

Ga. Unif. Super. Ct. R. 19.4

Civil Removal

activein force · 2021-07-15 – presentact-effective-date

(A) Subject to the provisions of OCGA § 14-2-510 (b) (4), in a civil action or proceeding for

damages because of a tort, wrong, or injury done, a defendant may file a notice of removal with

the court in the county where the cause of action originated. Any such notice of removal shall be

filed within 45 days after service of the summons. If the defendant timely moves to remove an

action despite proper jurisdiction and venue, such motion shall be treated as a notice of removal

of the action to another court in the county in Georgia where the defendant maintains its

principal place of business.

(B) Unless otherwise ordered by the original court, the clerk shall promptly compute the court

costs, including the costs incident to preparing and transferring the record as provided in

paragraph (C) of this rule, and shall notify counsel for the defendant in writing of the amount of

the court costs. The defendant shall pay such costs within 20 days after mailing or delivery of the

cost bill, whichever shall first occur. If such costs are not paid within that time, the notice of

removal shall automatically stand dismissed, without prejudice.

(C) Upon timely payment of court costs as specified in paragraph (B) of this rule, the clerk of the

original court shall make and retain copies of (1) the complaint or initial pleading, (2) the notice

to remove, and (3) the order of removal. The originals of all pleadings, orders, depositions, and

other documents on file shall be indexed and certified by the clerk of the original court and

transmitted, with the transfer cost (if applicable) to the clerk of the court to which the action is

removed in the manner provided by law for transmittal of records to appellate courts.

(D) Upon receipt of the items specified in paragraph (C) of this rule, the clerk of the court to

which the action is removed shall assign the action an appropriate number and notify all parties

and their respective counsel of record of such number. Thereafter, the action shall continue in the

court to which the action is removed as though initially commenced there, and all items specified

in paragraph (C) of this rule shall be deemed amended accordingly. It shall not be necessary that

service of process be perfected a second time upon each party defendant, except that any

publication required to be made in a newspaper in the transferee county shall be republished.

(E) Within 45 days after notice from the clerk of the court to which the action is removed, the

plaintiff may file a motion with the court to which the action is removed, with notice to all

parties, to remand the case to the original court. Such motion shall designate the basis upon

which it is claimed that the court to which the action is removed should remand the action. When

a motion to remand is filed, the court to which the action is removed may stay all other

proceedings in the pending action until determination of the motion. If the court to which the

action is removed finds that removal is proper, then any previous order entered in the action,

upon the motion of any party within 15 days after the determination of the motion to remand,

shall be reviewed and subsequently reissued or vacated by the court to which the action is

removed.

History

Adopted effective July 15, 2021.

Provenance

Source
georgiasuperiorcourts.org
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
cc1db90508a12bf18e81557d21f5eb5a71ce56c906b3dd601585ef5223adab97
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Ga. Unif. Super. Ct. R. 19.4 — Civil Removal · binding.law