Case Eligibility & Transfers

Eligible Cases

Cases eligible to be heard in the Business Case Division must implicate one or more of the following:

1. Georgia Uniform Securities Act of 2008, O.C.G.A. §10-5-1
2. UCC, O.C.G.A. §11-1-101
3. Georgia Business Corporation Code, O.C.G.A. §14-2-101
4. Uniform Partnership Act, O.C.G.A. §14-8-1
5. Uniform Limited Partnership Act, O.C.G.A. §14-9A-1
6. Georgia Revised Uniform Limited Partnership Act, O.C.G.A. §14-9-100
7. Georgia Limited Liability Company Act, O.C.G.A. §14-11-100
8. Georgia International Commercial Arbitration Code, O.C.G.A. §9-9-20
9. Any other action that the parties and the Court believe warrants assignment to the Business Case Division, including, but not limited to, large contract and business tort cases and other complex commercial litigation, where the value of the relief sought is at least one million dollars.
10. Cases involving personal injury, wrongful death, employment discrimination, or low-dollar consumer class action claims, however, are excluded from the Business Case Division unless all parties consent to the transfer.
     

Transfer Process

Transfer of a case may be initiated in one of two ways:

• Any party may file a motion (or parties may move jointly) with the original assigned Judge to request that the case be transferred to the Business Case Division.  See Sample Motion to Transfer
• The original assigned Judge may request that a case be transferred to the Business Case Division, with notice to the parties.

Guide to the Transfer Process

1. A courtesy copy of any motion to transfer should be emailed to the Metro Atlanta Business Case Division office, businesscourt@fultoncountyga.gov.
    
2. If a party opposes transfer, it may file a brief in opposition to the proposed transfer within twenty (20) days after the motion of one party or the request of the assigned Judge to transfer the case. A courtesy copy of such objection should be emailed to the Metro Atlanta Business Case Division office, businesscourt@fultoncountyga.gov.
    
3. The Business Case Division Committee will vote on all potential transfers to ensure that each case satisfies the requirements of Atlanta Judicial Circuit Rule 1004.
    
4. If the Motion to Transfer is denied, the case remains with the originally assigned Judge.
    
5. If the case is accepted into the Business Case Division on a Motion to Transfer, the moving party/parties are responsible for paying a transfer fee.  Currently, the transfer fee for both the Fulton Superior and State courts is $1,000.  
    
6. If the case is accepted as a Business Case Division case and the transfer fee (if owed) is timely paid, the Chief Judge will sign an Order transferring the case.

Transfer Fee Amount

At present, the transfer fee of $1,000.00 applies to any case approved for transfer to the MABCD whether it was filed Fulton State or Superior Court. 

Standing Order Regarding Transfer Fee for Fulton County Superior Court 

Standing Order Regarding Transfer Fee for Fulton County State Court