Georgia State-wide Business Court

Last updated

In 2018, voters in the U.S. state of Georgia approved a constitutional amendment to create a business court for all of Georgia. After an enabling statute to create the Georgia State-wide Business Court was enacted in 2019, the court became operational in 2020. [1]

Contents

History

In November 2017, the State of Georgia Court Reform Council [2] issued a report to Georgia's Governor Nathan Deal recommending creation of a statewide business court, with jurisdiction over matters involving a wide range of business and commercial disputes. Among the many case types listed, such as contracts and business torts, there are also specific references to disputes involving antitrust law, intellectual property law, cybersecurity and biotechnology, as well as international arbitration disputes. [3]

Among other things, the report considered the success of the Metro Atlanta Business Case Division [4] (associated with the Fulton County Superior Court) in making its recommendation for a statewide court, and concluded that creating a new statewide court as a distinct court, and not a subdivision of an existing court, required amending Georgia's Constitution. [3]

Article VI of Georgia's Constitution was amended in 2018 to create a statewide business court, with the final approval being given by Georgia's voters. [5] [6] In 2019, the law creating the Georgia State-wide Business Court went into effect, [7] and the court became operational in 2020. [8] [9]

Details

The State-wide Business Court has the authority to hear seventeen types of cases listed in the governing statute, with the powers of a court of equity over all of those case types. If those case types only involve claims for money damages, however, the claim must be worth at least $1,000,000 if it involves commercial real property, or at least $500,000 for those permitted case types not involving disputes over commercial real property. [10]

The court may be located in Atlanta or Macon-Bibb County, [11] but its jurisdiction is statewide. [12] This law establishing the State-wide Business Court's existence and jurisdiction makes clear that the Metro Atlanta Business Case Division may continue to separately exist, and other Georgia superior courts or state courts may have the ability to create business court divisions.

All parties to a case must consent to the State-wide Business Court's jurisdiction. [13] A party may request a jury trial. [14]

The State-wide Business Court has its own rules and forms. [15] It has only one judge and one division. [16] The judge is appointed by the Governor, subject to certain legislative approvals. [17] By contrast, under Article VI, Section VII, of Georgia's constitution, superior and state court judges are elected. [18] As of 2022, the State-wide Business Court judge is paid $174,500, the same as a Court of Appeals judge, whereas Georgia's (trial level) superior court judges are paid $126,265. [19]

Walter W. Davis was appointed as the first State-wide Business Court judge in 2019. [20] The current State-wide Business Court judge (as of June 2024) is William Grady Hamrick, III, who replaced Judge Davis and has served since September 2022. [21]

Related Research Articles

In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction, which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts. For courts of general jurisdiction in civil law system, see ordinary court.

<span class="mw-page-title-main">Judicial system of Turkey</span> National court system of the Republic of Turkey

The judicial system of Turkey is defined by Articles 138 to 160 of the Constitution of Turkey.

<span class="mw-page-title-main">Delaware Court of Chancery</span> Court of equity in Delaware, United States

The Delaware Court of Chancery is a court of equity in the U.S. state of Delaware. It is one of Delaware's three constitutional courts, along with the Supreme Court and Superior Court. Since 2018, the court consists of seven judges. The court is known for being a hub for corporate governance litigation in the United States, as two-thirds of Fortune 500 companies are incorporated in Delaware. It is among the preeminent business courts in the world.

The New Hampshire Superior Court is the statewide court of general jurisdiction which provides jury trials in civil and criminal cases. There are 11 locations of the Superior Court, one for each county and two in Hillsborough County.

The Superior Court is the state court in the U.S. state of New Jersey, with statewide trial and appellate jurisdiction. The New Jersey Constitution of 1947 establishes the power of the New Jersey courts. Under the State Constitution, "'judicial power shall be vested in a Supreme Court, a Superior Court, County Courts and inferior courts of limited jurisdiction.'" The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts. The State Constitution renders the New Jersey Superior Court, Appellate Division the intermediate appellate court, and "[a]ppeals may be taken to the Appellate Division of the Superior Court from the law and chancery divisions of the Superior Court and in such other causes as may be provided by law." Each division is in turn divided into various parts. "The trial divisions of the Superior Court are the principal trial courts of New Jersey. They are located within the State's various judicial geographic units, called 'vicinages,' R. 1:33-2(a), and are organized into two basic divisions: the Chancery Division and the Law Division".

The Maine Superior Court is the trial court of general jurisdiction in the Maine state court system.

<span class="mw-page-title-main">California superior courts</span> State trial courts with general jurisdiction

Superior courts in California are the state trial courts with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a governmental agency. As mandated by the California Constitution, there is a superior court in each of the 58 counties in California. The superior courts also have appellate divisions which hear appeals from decisions in cases previously heard by inferior courts.

The Virgin Islands Superior Court is the trial court of general jurisdiction for the United States Virgin Islands. The court is composed of nine judges. They are appointed by the governor and confirmed by the Legislature. Effective January 29, 2007 the Supreme Court of the Virgin Islands assumed jurisdiction over appeals from the Superior Court.

<span class="mw-page-title-main">Circuit court (Florida)</span> State court in Florida, United States

The Florida circuit courts are state courts and trial courts of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution.

The Georgia Court of Appeals is the intermediate-level appellate court for the U.S. state of Georgia. The court is a single entity with 15 judges. The judges are assigned into five divisions of three judges each, with the assignments changed annually. Cases are randomly assigned to one of the divisions, with the constraint that the number of active cases in each division is kept close to equal. Its courtroom is on the second floor of the Nathan Deal Judicial Center.

The Superior Court of the State of Arizona is the Arizona state court of general jurisdiction.

In the United States of America there is no federal law regulating the practice of tattooing. However, all 50 states and the District of Columbia have statutory laws requiring a person receiving a tattoo be at least 18 years old. This is partially based on the legal principle that a minor cannot enter into a legal contract or otherwise render informed consent for a procedure. Most states permit a person under the age of 18 to receive a tattoo with permission of a parent or guardian, but some states prohibit tattooing under a certain age regardless of permission, with the exception of medical necessity.

The Unified Judicial System of Pennsylvania is the unified state court system of the Commonwealth of Pennsylvania.

In 1964 Tanganyika and Zanzibar formed the United Republic of Tanzania. After the Treaty of the Union, the two countries continued to remain with their own legal systems including court structures. In the 1977 Constitution of the United Republic of Tanzania, the High Court of Tanganyika whose jurisdiction was and still is territoriality limited to Tanzania Mainland was called the High Court of Tanzania and the High Court of Zanzibar retained its original name. It is essential to note that the High Court of Tanzania only has territorial jurisdiction over legal issues arising in Tanzania Mainland and the High Court of Zanzibar has territorial jurisdiction over legal issues arising in Zanzibar.

<span class="mw-page-title-main">Wyoming District Courts</span> State trial courts in Wyoming, US

Wyoming District Courts are the state trial courts of general jurisdiction in Wyoming.

<span class="mw-page-title-main">Massachusetts Superior Court</span> Trial court department in Massachusetts

The Massachusetts Superior Court is a trial court department in Massachusetts.

The Superior Court is North Carolina's general jurisdiction trial court. It was established in 1777 and is North Carolina's oldest court.

<span class="mw-page-title-main">Georgia Superior Courts</span>

The Superior Court is Georgia's general jurisdiction trial court. It has exclusive, constitutional, authority over felony cases, divorce, equity and cases regarding title to land. The exclusive jurisdiction of this court also covers such matters as declaratory judgments, habeas corpus, mandamus, quo warranto and prohibition. The Superior Court corrects errors made by lower courts by issuing writs of certiorari; for some lower courts, the right to direct review by the Superior Court applies.

Business Courts, sometimes referred to as Commercial Courts, are trial courts that primarily or exclusively adjudicate internal business disputes and/or commercial litigation between businesses, heard before specialist judges assigned to these courts. Commercial Courts outside the United States may have broader or narrower jurisdiction than state trial level business and commercial courts within the United States, for example patent or admiralty jurisdiction; and jurisdiction may vary between countries.

The Chancery Court of the State of Wyoming was created in 2019 as a specialized business court to provide a streamlined judicial forum for addressing commercial, business, and trust cases litigated in Wyoming's state courts, with a unique focus on digital assets and blockchain technology.

References

  1. ↑ "Georgia State-wide Business Court, History".
  2. ↑ "Court Reform Council | Office of the Attorney General". law.georgia.gov. Retrieved 2024-06-07.
  3. 1 2 "State of Georgia Court Reform Council, Statewide Business Court Subcommittee, Final Report (Pages 15-24)" (PDF). November 20, 2017.
  4. ↑ "Business Court | Superior Court of Fulton County". www.fultoncourt.org. Retrieved 2024-06-07.
  5. ↑ "House Resolution 993 (AS PASSED BY HOUSE AND SENATE)".
  6. ↑ "Georgia Amendment 2, Establish a State Business Court Amendment (2018)". Ballotpedia. Retrieved 2024-06-07.
  7. ↑ Georgia General Assembly. "HB 239, Georgia Business Court, establish". www.legis.ga.gov. Retrieved 2024-06-07.
  8. ↑ Crisco, Arlin. "Georgia's Newest Court Opens for Business". blog.cvn.com. Retrieved 2024-06-07.
  9. ↑ "Georgia Business Court Now an Alternative During the Pandemic". news.bloomberglaw.com. Retrieved 2024-06-07.
  10. ↑ "2020 Georgia Code :: Title 15 - Courts :: Chapter 5A - State-Wide Business Court :: § 15-5A-3. Authority of Court". Justia Law. Retrieved 2024-06-07.
  11. ↑ "2020 Georgia Code :: Title 15 - Courts :: Chapter 5A - State-Wide Business Court :: § 15-5A-2. Terms of Court; Location; Presiding Judge; Venue; Transferring of Case". Justia Law. Retrieved 2024-06-07.
  12. ↑ "2020 Georgia Code :: Title 15 - Courts :: Chapter 5A - State-Wide Business Court :: § 15-5A-1. Establishment". Justia Law. Retrieved 2024-06-07.
  13. ↑ "2020 Georgia Code :: Title 15 - Courts :: Chapter 5A - State-Wide Business Court :: § 15-5A-4. Process for Bringing a Claim Before Court; Filings". Justia Law. Retrieved 2024-06-07.
  14. ↑ "2020 Georgia Code :: Title 15 - Courts :: Chapter 5A - State-Wide Business Court :: § 15-5A-2. Terms of Court; Location; Presiding Judge; Venue; Transferring of Case". Justia Law. Retrieved 2024-06-07.
  15. ↑ "Georgia State-wide Business Courts, RULES, ORDERS AND FORMS".
  16. ↑ "2020 Georgia Code :: Title 15 - Courts :: Chapter 5A - State-Wide Business Court :: § 15-5A-6. Number of Judges and Divisions; Operational Date; Qualifications for Judge". Justia Law. Retrieved 2024-06-07.
  17. ↑ "2020 Georgia Code :: Title 15 - Courts :: Chapter 5A - State-Wide Business Court :: § 15-5A-7. Appointment of Judges; Initial Appointment and Term; Service Area". Justia Law. Retrieved 2024-06-07.
  18. ↑ "Art. VI". Justia Law. Retrieved 2024-06-07.
  19. ↑ "2022 Georgia Code :: Title 45 - Public Officers and Employees :: Chapter 7 - Salaries and Fees :: Article 1 - General Provisions :: § 45-7-4. Annual Salaries of Certain State Officials; Cost-of-Living Adjustments". Justia Law. Retrieved 2024-06-07.
  20. ↑ "Kemp Appoints First State-wide Business Court Judge | Governor Brian P. Kemp Office of the Governor". gov.georgia.gov. Retrieved 2024-06-07.
  21. ↑ gacourtsjournal (2022-09-27). "Georgia State-Wide Business Court Welcomes New Judge and Bids Farewell to Inaugural Judge". The Georgia Courts Journal. Retrieved 2024-06-07.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.