2021 Georgia Code
Title 9 - Civil Practice
Chapter 10 - Civil Practice and Procedure Generally
Article 2 - Venue
Part 2 - Change of Venue
§ 9-10-53. Conduct of Proceedings Following Transfer
After a case has been transferred, all further proceedings shall be conducted as if the case had been originally commenced in the court to which the same was transferred.
(Ga. L. 1884-85, p. 35, § 3; Civil Code 1895, § 4958; Civil Code 1910, § 5535; Code 1933, § 3-210.)
Law reviews.- For article, "Appellate Practice and Procedure," see 63 Mercer L. Rev. 67 (2011).
JUDICIAL DECISIONS
Construction with O.C.G.A.
§ 5-3-34. - Although O.C.G.A. § 9-10-53 addresses the general conduct of further proceedings following a case transfer, O.C.G.A. § 5-3-34(b) sets forth the more specific rule governing the issuance of a certificate of immediate review for interlocutory appeals; thus, the general provisions of O.C.G.A. § 9-10-53 cannot override the clear and specific provisions of O.C.G.A. § 5-6-34(b) mandating that the certificate of immediate review be issued by the trial judge who entered the order in question. Mauer v. Parker Fibernet, LLC, 306 Ga. App. 160, 701 S.E.2d 599 (2010).
RESEARCH REFERENCES
Am. Jur. 2d.
- 77 Am. Jur. 2d, Venue, §§ 86, 87, 90.
Entitlement to a Stay or Default Judgment Relief Under the Soldiers' and Sailors' Civil Relief Act, 35 POF3d 323.
C.J.S.- 92A C.J.S., Venue, § 284 et seq.
ALR.
- Power to withdraw or modify order granting change of venue, 59 A.L.R. 362.
Binding effect of order on motion for change of venue, where action is terminated otherwise than on merits and reinstituted, 85 A.L.R.2d 993.
