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§ 9-10-52.Transmittal of transcript of order and record to court of transfer

Chapter 10. Civil Practice and Procedure Generally · Article 2. Venue · Last amended 1933 · Last verified July 17, 2026

In one sentenceOnce a court transfers a case, the clerk of the original court must send the receiving court a true transcript of the transfer order along with the entire original case record, including depositions, orders, and all pleadings.

Full Text of § 9-10-52

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The clerk of the court from which a case has been transferred shall send a true transcript of the order for the change of venue, together with the original record in the case, including depositions and orders and all pleadings, to the court of the county to which the case has been transferred.

Plain-English Summary

A venue transfer does not do much good if the new court lacks the case file. This section makes the sending clerk responsible for getting everything to the receiving court: a true transcript of the order that changed venue, plus the complete original record of the case.

That record is not limited to the pleadings. It has to include depositions taken, orders entered, and every pleading filed, so the transferee court can pick up the case with the same information the original court had.

Frequently Asked Questions

Whose job is it to send the case file after a venue transfer?

The clerk of the court from which the case has been transferred.

What documents must be sent to the receiving court?

A true transcript of the order for the change of venue, together with the original record in the case, including depositions and orders and all pleadings.

Does the transmittal requirement cover depositions taken before the transfer?

Yes, depositions are specifically included among the materials that must be sent.

Which court receives the transcript and record?

The court of the county to which the case has been transferred.

Does this section apply to any type of change of venue?

The text refers generally to a case that has been transferred, without limiting the transmittal duty to a particular kind of venue change.

Amendment History

Ga. L. 1884-85, p. 35, § 2; Civil Code 1895, § 4957; Civil Code 1910, § 5534; Code 1933, § 3-209.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
Also known as: clerk transmit record after venue change georgiatransfer case record to new county georgiatranscript of order venue change georgia