Q. Does the Civil Practice Act apply to cases tried in the Business
Case Division?
A. Yes, the Civil Practice Act applies.
Q. Does transfer to the Business Case Division waive or jeopardize a party's
right to a jury trial?
A. No.
Q. How is the Business Case Division more efficient for business cases?
A. The Business Case Division Judges all have experience with and training in business cases.
Additionally, by utilizing Senior Judges, who only hear Business Case Division cases, and Active Judges, who block time
specifically for Business Case Division cases, your case is assured to receive the timely attention that it needs.
Q. Can the Business Case Division Judges grant temporary restraining
orders or exercise other powers in equity?
A. Yes. The Business Case Division Judges have all of the power and
authority of any Superior Court Judge.
Q. How do I transfer a case to the Business Case Division?
A. Please see "Transferring Cases" on the "General Information" page.
Q. I am thinking about transferring my case to the Business Case Division,
but want to know how cases are reviewed so I don't "waste" my time
filing a motion that is likely to be denied.
A. Cases are generally reviewed on five different factors to assess
whether the case raises a sufficient amount of damages, is grounded in
business law issues, and is sufficiently complex. These factors include the following: (1) number and nature of the parties (i.e. individuals or business entities); (2) likely complexity of the legal issues (what are the primary claims and counterclaims, if any, in the case); (3) likely review of documentary evidence (i.e., what type of file is this case likely to produce); (4) amount in controversy (this prong looks at the value of direct damages, special damages, and equitable claims); and (5) the likely role and number of dispositive and other motions anticipated in the case.
Q. If I have a case filed in Gwinnett County, will it be transferred to Fulton County if it is accepted by the Business Case Division?
A. No. All cases will remain pending in the county in which they were filed. Gwinnett County cases will be assigned to a Gwinnett County Business Case Division judge; Fulton County cases will be assigned to a Fulton County Business Case Division judge.