Superior Court of Gwinnett County
Court-Level Rules, Filing Procedures & Policies
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Filing & Service rules
Filing Timing and Cure Windows
Opposition to a written transfer motion must be notified to the court promptly and no later than 10 days after the motion is made and served; written motions must be opposed in writing, while oral motions must be opposed orally at the time made.
A party opposing a written motion to transfer shall notify the court of such opposition promptly and in no event more than ten days after the making and service of such motion. A motion required to be in writing shall be opposed in writing. A motion made orally, if opposed, shall be opposed orally and at the time of its being made.
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Service and Proof of Service Rules
Unless the court orders otherwise, notice of a written motion to transfer must be served on all parties, including nonmoving parties who filed no pleadings, at least 10 days before the hearing.
Unless otherwise ordered by the court, notice of a written motion to transfer shall be served upon all parties, including any who failed to file pleadings in the matter, at least 10 days before the motion is heard.
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After transfer, service need not be completed again on defendants, but any required newspaper publication in the proper venue must be republished.
It shall not be necessary that service be perfected a second time upon the defendants, except that any publication which is required to be made in a newspaper in the proper venue shall be republished.
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Filing Fees and Waivers
The clerk must promptly calculate transfer costs and the $50 fee, notify the plaintiff in writing, and the plaintiff must pay within 20 days; nonpayment results in automatic dismissal without prejudice unless the plaintiff is indigent, and the rule does not apply in Magistrate Courts.
Upon the filing of an order transferring a case with the clerk of the court entering such order, the clerk shall promptly compute the court costs, including the costs incident to preparing and transferring the record as provided in rule T - 12 and the $50 transfer fee provided for in rule T - 10, and notify counsel for plaintiff (or the plaintiff if there be no counsel) in writing of the amount of the court costs. Plaintiff shall pay the unpaid costs within twenty (20) days of mailing or delivery of the cost bill. If costs are not paid within twenty (20) days, the case shall automatically stand dismissed, without prejudice, except where the plaintiff has filed as an indigent. Rule T - 11 shall not be applicable in Magistrate Courts.
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A $50 transfer fee is automatically imposed unless the court expressly determines otherwise or the transfer concerns a Magistrate Court.
Unless the court in its discretion expressly determines otherwise in such order of transfer, and except in Magistrate Courts (see OCGA 15-10-80), a transfer fee of $50 shall automatically be imposed.
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