Q. Does the Civil Practice Act apply to cases tried in the Business
Court?
A. Yes, the Civil Practice Act applies.
Q. Does transfer to the Business Court waive or jeopardize a party’s
right to a jury trial?
A. No.
Q. How is the Business Court more efficient for business cases?
A. The Business Court Judges all have experience with and training in business cases. Additionally, by utilizing Senior Judges, who only hear Business Court cases, and Active Judges, who block time specifically for Business Court cases, your case is assured to receive the timely attention that it needs.
Q. Can the Business Court Judges grant temporary restraining
orders or exercise other powers in equity?
A. Yes. The Business Court Judges have all of the power and
authority of any Superior Court Judge.
Q. How do I transfer a case to the Business Court?
A. Please see "Transferring Cases" on the "General Information" page.
Q. I am thinking about transferring my case to Business Court,
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 indicate
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 Parties (i.e. businesses); (2)
Likely Complexity of the Legal issues (what are the primary claims
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
Motions 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 Business Court?
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 Court judge; Fulton County cases will be assigned to a Fulton County Business Court judge.