GA · rules
Ga. Unif. Super. Ct. R. 19.4
Civil Removal
(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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