As amended through October 9, 2024
Rule 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.Adopted June 18, 2021, effective July 15, 2021.