Atlanta Business Attorney Blog

When it comes time for a person to file a lawsuit in Georgia, there are many different courts to choose from. It is often confusing for a non-lawyer to determine which court is the proper one for his dispute. This blog will hopefully shed some light on the appropriate trial court in which to pursue disputes. However, this is by no means a comprehensive list. Make sure to contact an experienced business attorney for further guidance on choice of forum.

Superior Court: This court has exclusive jurisdiction to hear all civil business disputes concerning any amount of money between citizens of Georgia (1) where the party filing suit wants to force another party to act (affirmative equitable relief) and (2) where parties seek a determination as to ownership of land. Aside from these cases, superior courts can hear almost any other civil case, except those with certain specialized subject matter.

State Court: This court can hear almost all civil business cases between citizens of Georgia with the exception of cases where the superior court has exclusive jurisdiction or cases concerning specialized subject matter.

Continue reading "Courts in Georgia: Magistrate Court, State Court, Superior Court, Court of Appeals, Supreme Court, Federal District Court, Federal Appeals Court" »

If you are involved in a business dispute in Atlanta, Georgia (Fulton County), you may be able to benefit from the county’s specially created business court. The Fulton County Business Court is unique to the county, and offers a forum for the speedy resolution of complex business cases. Though courts across the state have been hit with budget cuts that have greatly decreased the efficiency and resources available to the courts, the Fulton County Business Court has isolated funds that allow its continued operation.

In order to qualify for the Fulton County Business Court, Rule 1004 of the Business Case Division specifies that the case must be filed in the Fulton County Superior Court, involve a lawsuit where more than $1,000,000 must be in dispute. Rule 1004 specifies additional criteria that the lawsuit must have, including a claim Fulton County Business Court determines should allow it to take jurisdiction of the case, or a claim that falls under one of the following portions of the Official Code of Georgia:

• Georgia Securities Act of 1973;
• Uniform Commercial Code;
• Georgia Business Corporation Code;
• Uniform Partnership Act;
• Uniform Limited Partnership Act;
• Georgia Revised Limited Partnership Act; or
• Georgia Limited Liability Company Act.

Other types of cases may be heard by the Fulton County Business Court only with the express consent of all parties. For more information about the Fulton County Business Court, please visit their website.