Ga Civ Pro Flashcards
What does a Ga court need to exercise jurisdiction?
PJ, SMJ, and venue
What are the different types of PJ?
1) In personam (over the person)
2) in rem and quasi in rem (over property)
Difference between general and specific jurisdiction?
General: Ga jurisdiction need not relate to events giving rise to the claim
Specific: Ga jurisdiction MUST relate to the events giving rise to the claim
For valid PJ, what do you need?
A statutory AND a constitutional basis
What are the statutory bases giving rise to general jurisdiction in Ga?
Presence in Ga when served with process—cant be tricked, immune when in state for another case, and doesn’t have to relate to Ga
Domicile in Ga when served with process- gives general jurisdiction, no need for claim to relate to activities in Ga. merely being a resident is enough
Incorporated/Authorized to Transact Bus. In Ga—like domicile status for a person. Foreign corp authorized to transact bus is considered a resident of Ga. so long as its business is systematic/continuous. Foreign corp not authorized is a nonresident but can be subject to juris under long arm
Consent
What are the statutory basis giving rise to specific jurisdiction in Ga?
Long Arm Statute- applies to nonresidents (a person not a resident when the case arose or if a resident at that time, was not a resident when served with process)
- Gives specific juris- contacts with Ga must relate to or give rise to the claim
Non-Resident Motorist Act: against nonresident who has committed vehicle accident in Ga
Includes someone not a resident when the accident occurred
- Does NOT include someone who was a Ga resident when claim arose but NOT Ga resident when case filed
Involves claims of the nonresident’s use or ownership of the vehicle in GA
Contacts that trigger Ga Long Arm Statute
Transacts bus in Georgia (except advertising in national mag)
Commits a tort in Ga
- Both tort act and injury occur in Ga
- NO juris: if tort act committed somewhere else and injury in Ga—> UNLESS, D engaged in persistent course of conduct in GA or derives substantial revenues from goods consumed there.
Owns, uses or possesses real prop. In Ga
Domestic relations: D has matrimonial domicile in GA–then can be used in Ga for alimony, child support, divorce division of property.
What is the constitutional basis for PJ in Ga?
Minimum Contacts: “such minimum contacts with the forum such that the exercise of juris does not offend the traditional notions of fair play and substantial justice”
Contacts: 1) describe it —> do the contacts show a) purposeful availment (purposeful, voluntary act towards forum) and 2) foreseeability (could D foresee getting sued in forum)
Fairness and Resolution: relatedness (claim arise from D’s contact with the forum), convenience and state interest
In Rem and Quasi In Rem: what must be satisfied for PJ in Ga?
Statutory Basis = Attachment statute
Constitutional Basis
- MUST satisfy minimum contacts
- Property is treated as a contact with the dispute is related to the property attached.
SMJ in Ga deals with what?
Which Court? Superior, State or Magistrate?
Superior Court hears what cases?
felony criminal cases, divorce, suits seeking affirmative equitable relief and suits affecting change in title of land
State Court hears what cases?
all except the ones that Superior cases, can hear equitable defenses, cannot hear counterclaims that raise cases that must be heard in Superior
Magistrate Court hears what cases?
anything state court can hear but amt. in controversy cant exceed $15,000.
Has a compulsory counterclaim rule
No juries
Venue in Ga asks what question?
which county in Ga do we bring the suit?
Improper venue remedy
Transferred to the proper county.
Residence for Ga Venue
person = county of residence;
unincorporated association = all counties in that it does business or has a branch/local organization;
corporation = registered office (county stated in the articles),
- K cases any county where contract was made but only if the corp has an office & transacts bus in that county
- Tort damages cases: Option 1: county where claim arose only if corp has office & transacts bus there; OPTION 2: county where claim arose without added requirement in option 1 (Lots of procedural stuff in this option)
Local Actions: Venue
involve title to land—venue equals county where land lies (lease is not a local action)
Transitory Actions? What are these?
Everything except local actions
Transitory Actions when D = Ga Resident
suit must be tried in the county where D resides
Exceptions:
Mult. Ds and Joint Liability: (joint obligors, trespassers, tortfeasors or copartners) venue can be in any county where any D resides—doesn’t apply if one of the Ds is a non-Ga resident
Makers/Endorsors of Notes: venue is where maker resides
Affirmative Equitable Relief: venue in county of D against whom substantial relief is sought
Divorce or Alimony: if D= Ga resident then in that county, if D is NOT Ga resident then in P’s county. D can consent to being in P county.
Transitory Actions when D is NOT Ga Resident
if non Res D is served in Ga- venue = county where D was actually served
Long Arm Statute: venue is any county where a substantial part of claim arose
- If a Co-D = Ga res—> venue = where Ga res resides
Nonresident Motorist Act: if all Ds are nonres. then venue = 1) where accident occurred OR 2) where P resides.
- If a Co-D = Ga res—> venue = where Ga res resides
Vanishing Venue
allows non-res Ds to require that a case be transferred to proper venue if all Ds who reside in the original county venue are discharged from liability whether before or upon a verdict
Impleader Venue
a TPD cannot object to venue in a TP claim if venue is valid in P’s main/original case—if court loses venue over original claim, it loses venue over TPD
Inconvenient Forum in Actin by Non-Resident Accruing Outside Ga
Ct may decline juris. and dismiss without prejudice to filing in another more convenient forum. ONLY applies where P = non resident and claim occurred outside of GA.
Factors:
1) place of accrual of cause of action
2) location of witnesses
3) is litigant attempting to circumvent SoL of another St.
4) residences of parties
5) convenience and burden upon the court
Forum Non Convenions
I n int of justice and convenience, ct can decline juris. in favor of another ct.
Factors:
1) ease of access to sources of proof
2) availability/cost of compelling unwilling witnesses to attend
3) possibility of viewing premises
4) unnecessary expense/trouble to D
5) administrative diff. for forum cts
6) local interest in deciding the case?
7) traditional deference to P’s choice of forum
If forum outside Ga: case must be dismissed before transferring
If forum inside Ga: case is simply transferred
Service of Process in Ga: Who can serve?
1) sheriff/marshall/deputy, 2) nonparty 18 yrs old appointed by court, 3) ct appointed permanent process server
Service of Process: Methods of Service
same as fed rule (personal, leaving process @ D’s abode, authorized agent of D)
Waiver by First Class Mail: same as federal
Who to Serve in Ga?
Corporations: registered agent, president/other officer/secretary/cashier, managing agent, any agent who represents the company in some way.—>If you cant serve one of these ppl, then you can substitute service on Sec. of St. by 1) delivering summons/complaint to Sec. of St., 2) certifying affidavit that corporate ppl couldn’t be served, 3) forward service of process by reg. mail to last known reg. office/agent listed with Sec. of St. (can be inside or outside of Ga)
- alternative: can serve by reg/certified mail the Corporate CEO/Sec. of Corp. at its principle office. Copies of service should be sent to Sec. of St.
Unincorporated Associations: serve agent/partner in Ga
Minors: serve minor personally AND the parent/general guardian or guardian ad litem
Out of Ga Service?
Ga res served outside of Ga: personally serve where found (need ct. order upon affidavit)
Long Arm Staute: can serve in any method permitted in Ga but it must be served by someone authorized to serve process in that state or a licensed attorney
Nonresident Motor Act: serve Ga Sec. of St. showing the act applies, 2) reg/certified mail of process to D, & 3) file D’s return receipt & original affidavit with the ct.
Publication Service: extremely rare. Need ct order upon P affidavit that D cant be found in Ga. Usually used for in rem/quasi in rem
Service Returns
serving person just file proof of service promptly after service
Subsequent Documents to Serve
can be served by first class mail/delivery—server executes an affidavit of service. If served by mail, add 3 days to party’s time to respond.
Pleadings: Complaint Requirements
SMJ statement, short/plain statement of claim showing entitlement to relief/damages, demand for judgement, facts alleging basis of venue
In Malpractice cases, what needs to be attached to the complaint?
Must attach to complaint an expert affidavit est. with specificity at least 1 negligent act/omission and the facts on which the claim is based
failure to do this—> by motion of D = subject to dismissal for failure to state a claim, cannot be cured by amendment/voluntary dismissal and refiling unless the ct finds that P in fact had the affidavit in proper time but failed to file as a mistake.
Defective affidavit: can be dismissed per D motion (raised with specificity) but can be cured by P by amendment within 30 days of D motion
Delay: P may be excused from filing affidavit if 1) SoL will run on claim within 10 days of filing, 2) P alleges time constrained ability to get expert, 3) P attorney files an affidavit with complaint swearing that he/his firm was not retained by P 90 prior to SoL expiration
- If met, P has 45 days to supplement complaint with expert affidavit.
Are general denials ok?
Yes, you can deny everything in the complaint
