Rule 19. TRANSFER/CHANGE OF VENUE · Last amended 2021 · Last verified July 17, 2026
In one sentenceRule 19.4 lets a defendant in a tort case remove the action, within 45 days of being served, to the superior court in the county where the defendant’s principal place of business sits, subject to the plaintiff’s right to move for remand and the defendant’s duty to pay transfer costs on time.
Full Text of Rule 19.4
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(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.
Plain-English Summary
Civil removal gives a defendant sued for a tort a different kind of relief from a straight venue fight. Under Rule 19.4, a defendant can file a notice of removal with the court where the case originated, moving the action to the county where the defendant’s principal place of business is located, as long as the notice goes in within 45 days of being served with the summons. Even if the defendant instead files a motion arguing that jurisdiction and venue were proper all along, the rule treats that motion the same way, as a notice of removal.
Paying for the move is the defendant’s job this time, not the plaintiff’s. The clerk computes the court costs, including the cost of preparing and transferring the record, and the defendant has 20 days after receiving the cost bill to pay. Miss that window, and the removal is automatically dismissed without prejudice. Pay on time, and the clerk of the original court certifies and forwards the full record to the receiving court the same way appellate records get transmitted, and the case picks up there as though it had been filed there from the start — no need to re-serve the defendant, though any required newspaper publication in the new county has to run again.
The plaintiff is not without a check on this process. Within 45 days after the transferee clerk gives notice of the removal, the plaintiff can move to send the case back to the original court, explaining why removal was not proper. Filing that motion can pause other proceedings in the meantime, and if the court agrees removal was proper after all, any earlier orders in the case get reviewed and either reissued or vacated, but only upon the motion of any party filed within 15 days after the court decides the motion to remand.
Frequently Asked Questions
How long does a defendant have to file a notice of removal under Rule 19.4?
45 days after service of the summons.
To which court can a defendant remove a tort case under this rule?
The court in the county in Georgia where the defendant maintains its principal place of business.
What happens if the defendant does not pay the court costs for removal in time?
If the defendant does not pay within 20 days after the cost bill is mailed or delivered, the notice of removal automatically stands dismissed without prejudice.
Can the plaintiff challenge a removal after it happens?
Yes, the plaintiff may file a motion to remand the case to the original court within 45 days after notice from the clerk of the court to which the action was removed.
Does the defendant have to be served with process again in the new court?
No, service does not need to be perfected a second time, except that any newspaper publication required in the transferee county must be republished.
Amendment History
Adopted effective July 15, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
Also known as:Georgia civil removal tort caseUSCR 19.4remove case to principal place of business Georgiamotion to remand Georgia superior court45 day removal deadline GeorgiaRule 19.4 Georgia Uniform Superior Court Rules