Rule 2-4 Direct Filing, Removal, Transfer, Objection to Jurisdiction, Return of Filing Fee, and Related Orders

(a) Direct Filing, Removal, and Transfer. An action may be brought to the Business Court by one of three methods: (1) the direct filing of a pleading with the Business Court; (2) the filing of a Petition for Removal of an existing action from a superior or state court by agreement of all parties; or (3) the filing of a Petition to Transfer an existing action from a superior or state court by one or more parties, but not all parties. Methods (1), (2), and (3) in this section shall be governed by the procedures in sections (c)-(j) of this rule.

(b) Objection to Jurisdiction. A party who objects to having an action proceed in the Business Court may file an Objection to Jurisdiction, together with a proposed order, seeking the transfer of the case to a superior or state court in which venue is otherwise proper.

(c) Direct Filing – Generally. Actions directly filed with the Business Court, and objections to the same, shall be governed by OCGA § 15-5A-4 (a) (1). A defendant who objects to having an action proceed in the Business Court shall file an Objection to Jurisdiction, together with a proposed order, seeking the transfer of the case to a superior or state court in which venue is otherwise proper.

(d) Direct Filing – Forum Selection Clause. A forum selection clause specifically identifying the Business Court shall be enforced to the extent it is consistent with the requirements of OCGA § 15-5A-4 (a) (1) and not otherwise invalid under State law.

(e) Removal of Existing Actions by Agreement. The removal of an existing action pending in superior or state court by agreement of the parties shall be governed by OCGA § 15-5A-4 (a) (2). A party seeking the removal of an action from superior or state court to the Business Court shall file a Petition for Removal containing a short and plain statement of the grounds for removal and all parties' agreement to remove the action, together with a copy of all process, pleadings, and orders served upon each party in such action. The Business Court shall determine whether to grant or deny the petition after such documents are received.

(f) Transfer of Existing Actions. Existing actions transferred to the Business Court from a superior or state court, and objections to such transfer, shall be governed by OCGA § 15-5A-4 (a) (3). A party seeking to transfer an existing action from a superior or state court shall file with the Business Court a Petition to Transfer containing a short and plain statement of the grounds for transfer, together with a copy of all process, pleadings, and orders served upon each party in such action. A party objecting to a Petition to Transfer shall file an Objection to Jurisdiction within 30 days of the filing of the Petition to Transfer.

(g) Further Pleading and Answer. If the Court grants a party's Petition for Removal (see OCGA § 15-5A-4 (a) (2)) or Petition to Transfer (see OCGA § 15-5A-4 (a) (3)), repleading shall not be required unless the Court orders otherwise. A party who did not file a responsive pleading prior to the filing of a Petition for Removal or Petition to Transfer shall file such pleading within 30 days of the date of the Court's order granting such petition.

(h) Filing Fee Returned. If the Court declines to exercise jurisdiction over an action, the Court shall direct the Clerk to reimburse the filing party or parties the full amount of the filing fee, less applicable administrative fees and expenses, if any. See sections (a) and (b) of BCR 2-1.

(i) Additional Orders and Superior or State Court Records. In a case removed or transferred from a superior or state court, the Court may issue all necessary orders and process to bring before it all proper parties and court records. Unless otherwise ordered by the Court, the parties may stipulate to the particular records and proceedings from the superior or state court that will be filed with the Clerk or, alternatively, may procure and file a certified copy of all such records and proceedings with the Clerk. If a party is entitled to copies of the records and proceedings in an action in superior or state court and the clerk of such court does not timely deliver certified copies thereof after receiving a timely request and payment of fees for the same, the Court may direct such records and proceedings be supplied by a party by affidavit or otherwise. Thereupon such proceedings, trial and judgment may be had and all process awarded as if certified copies had been filed in the Court in the first instance.

(j) Notice to Superior or State Courts. Promptly after the filing of a Petition for Removal or Petition to Transfer under this article, the party seeking removal or transfer shall file a Notice of Removal or Notice of Transfer, as applicable, with the clerk of the superior or state court where the action was then pending. No further action shall proceed unless and until the Court declines to exercise jurisdiction over such action and, if applicable, transfers the action back to the superior or state court from where it was removed or transferred.