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2025 Code of Georgia
Title 5 - Appeal and Error (Chs. 1 — 7)
Chapter 3 - Superior and State Court Appellate Practice (§§ 5-3-1 — 5-3-21)
§ 5-3-13. Filings in court with appropriate venue and jurisdiction; transfers

Universal Citation:
GA Code § 5-3-13 (2025)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

  • (a) A petitioner shall file a petition for review in the superior or state court where venue and jurisdiction are proper as prescribed by the laws and the Constitution of this state.

  • (b) Upon a finding by a lower judicatory, a reviewing court, the Court of Appeals, or the Supreme Court that venue is improper or jurisdiction is lacking for any petition for review, the clerk of the applicable court shall promptly transfer a petition for review to a court where venue and jurisdiction are proper in accordance with the rules and procedures applicable to the transferring court.

History

Code 1981, § 5-3-13, enacted by Ga. L. 2022, p. 767, § 1-1/HB 916.

Annotations

JUDICIAL DECISIONS

Transfer. —

Where a will challenger appealed a probate court judgment from Whitfield County (an Article 6 probate court due to population over 90,000) to the superior court, and the superior court correctly found it lacked jurisdiction under O.C.G.A. § 5-3-4(b)(6), the superior court erred in dismissing the appeal rather than transferring it to the Court of Appeals as required by the Georgia Constitution and O.C.G.A. § 5-3-13(b). In re Estate of Felker, 378 Ga. App. 867, 927 S.E.2d 516, 2026 Ga. App. LEXIS 141 (2026).

Research References & Practice Aids

Hierarchy Notes:

O.C.G.A. Title 5

O.C.G.A. Title 5, Ch. 3

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