GA Civil Procedure Flashcards
Three types of personal jurisdiction:
- In personam
- In rem
- Quasi in rem
Two steps to determining jurisdiction:
- Whether it satisfies a statute or code
2. Is it constitutionally permissible?
In personam jurisdiction: General jurisdiction: Statutory basis in GA:
need not relate to events giving rise to the claim.
In personam jurisdiction: Specific jurisdiction: Statutory basis in GA:
MUST relate to the eventing giving rise to the claim.
In personam jurisdiction: gives court power over D b/c: (3 different ways)
she lives in,
is present in, or
has done something in the forum.
GA long arm statute:
available to sue non-residents.
One of two requirements to apply long arm: It can be used to sue:
- Someone who is not a resident of GA when the claim arose, OR
- Someone who was resident of GA when the claim arose but not when the suit was filed.
Long arm claims must arise from:
D’s contacts with the state - it’s specific jurisdiction.
Stated another way the claim must rise from D’s contacts with GA.
GA contacts that trigger long arm statute: (5)
- Transacts business in GA.
- Commits a tortious act or omission (except defamation) in GA.
- Commits tortious act or omission out of state that injures P in GA
- Owns, uses, or possesses RP in GA
- Domestic relations. If D had matrimonial domicile here when case is filed or before the commencement of the case.
Long arm statute: If D transacts business in GA physical presence is:
not required - sustained purposeful connection will suffice even if there is no physical manifestation of transaction in the state.
Long arm statute can be used against D that commits tortious act or omission out of state that injures P in GA only if:
D engages in some persistent course of conduct in GA; OR derives substantial revenues from goods consumed here.
Long arm statute: Ways to transact business in GA: (3 ways)
Note: Advertising in a nat’l publication and accepting GA orders is not enough – must target GA.
- Having an office in GA
- Negotiating, signing, or undertaking to perform K in GA
- Placing goods into the stream of commerce for resale in GA
Non-resident Motorist Act (car accidents). Only available to sue:
non-residents of GA. It is narrower than the long arm statute.
Non-resident Motorist Act: Does it include someone who was a resident of GA when the claim arose, but not when the case was filed?
No.
Non-resident Motorist Act:
Gives only specific jurisdiction for claims arising from “any accident or collision involving the non-resident’s USE OR OWNERSHIP of a motor vehicle in GA.
Constitutional Standard: (Int’l Shoe) Test:
Does D have “such minimum contacts with the forum so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice”?
Factors in minimum contact analysis: (2)
- Contact
2. Fairness and Reasonableness
Factors in minimum contact analysis: What type of Contact: (2 factors)
- Purposeful availment : purposeful, voluntary act towards the forum
- Foreseeability : making it foreseeable that D could get sued in this forum.
Factors in minimum contact analysis: Fairness and reasonableness: (three factors)
- Relatedness b/t contact and the claim.
- Convenience
- State’s interest
Summary of Constitutional Test:
My Parents Frequently Forgot to Read Children’s Stories
Minimum Contacts
- Purposeful availment
- Foreseeability
Fair play and substantial justice
- Relatedness of claim and
- Convenience
- State’s interest.
In Rem and Quasi In Rem: Statutory Basis:
State exercises power over not the person, but the property. Statutory basis is an attachment statute.
In Rem and Quasi In Rem: Constitutional Test:
ALL exercises of jurisdiction must satisfy Int’l Shoe minimum contacts test. Property would probably be treated as a contact and the constitutionality would probably depend on whether the dispute is related to the property attached.
Subject matter jurisdiction:
defines the TYPES OF CASES that can be brought in a given ct.
Three trial cts in GA for basic civil actions:
- Superior Ct.
- State Ct.
- Magistrate Ct.
Superior ct (every county has one) has exclusive jurisdiction over: (1 criminal, 3 civil)
- Felony criminal cases
- Divorce
- Affirmative equitable relief
- Title to land
Superior ct can hear any:
any other civil cases EXCEPT those involving specialized subject matter in which exclusive jurisdiction is vested in some other ct. (e.g. Probate Ct, Juvenile Ct.)
Does the amt in controversy of these nonexclusive civil cases in Superior Ct matter?
No.
State Ct: 62 most populous counties have these. What civil cases can State Ct here?
All, except the three that lie exclusively in Superior Ct.
What if D in State Ct raises and equitable defense, such as duress or fraud?
State ct can hear case b/c those are not affirmative equitable relief remedies.
Magistrate Ct. Each county has one of these. (Basically small claims ct.) What cases can they hear?
Anything the State Ct can hear in which the amt in controversy does not exceed $15k
Magistrate Ct: Jurisdiction is:
not exclusive.
Compulsory counter claim rule:
A D must assert a counterclaim if it arises out of the same transaction or occurrence as P’s claim.
What if a compulsory counterclaim asserted in Magistrate Ct exceeds $15k?
Once the counterclaim in asserted the entire case will be transferred to the State or Superior Ct.
Venue:
It’s a geography question. We know which ct to sue in, but WHERE in GA?
Venue: Title to Land: (Local Action)
Venue must be laid in the county where the land or any part thereof lies.
Venue: P must be asserting her own title to realty at law and not relying on equity to perfect her title. If suing to establish or gain title at equity it:
is not local.
An action about a lease is:
NOT an action involving a title to land.
Transitory Actions (everything BUT local actions): General Rule where D is a GA resident:
Suit must be tried in the county in which D resides at the time of the action is commenced. (Enshrined in GA Constitution)
Transitory Actions: Where D is GA resident: Exception to the rule. Multiple D and Joint Liability (MDJLE): If a case is against joint trespassers, promisors, tortfeasors, or co-partners venue is okay in the county:
in which any of them resides when the case is filed.
Does the MDJLE exception apply if any of the D are non-residents of GA?
No. Only if ALL D are GA residents.
Transitory Actions: Exceptions to General Rule: (4)
- Multiple Defendants and Joint Liability (MDJLE)
- Makers and Endorsers of Notes
- Affirmative Equitable Relief
- Divorce or Alimony.
Venue: Exception: Makers and endorsers of notes: If case is against both the maker and endorser of the note, and both reside in GA, venue may be laid:
in the county where MAKER resides.
Venue: Exception: Affirmative Equitable Relief: If all D’s are GA residents venue lies in:
the county in which a D against whom “substantial relief is sought” resides.
Venue: Exception: Divorce or Alimony: If D is GA resident lay venue where he resides. If D is non-resident, lay venue where:
P resides.
Venue: Exception: What about uncontested divorce?
Resident D can consent to venue where P resides.
Hypo for Vanishing Venue Problem: Claim for damages is against two joint tortfeasors who reside in different counties. D1 resides in Floyd Co., D2 resides in Bibb Co. P brings suit in Floyd Co.
Floyd Co. jury finds in favor of D1 (resident D) and against D2 (resident of Bibb Co.) What can D2 argue?
D2 can argue that judgment should be set aside and the case transferred for retrial in Bibb Co.
Why? B/c after jury found in favor of D1 (the resident D) venue in Floyd Co VANISHED and the only venue to support suit against D2 was in Bibb Co.
Vanishing Venue:
Allows any non-resident D to require that the case be transferred to proper venue if all D’s who reside in the county of original venue are discharged from liability, whether before or even upon return of the verdict.
If, however, the venue would still be proper in more than one co. P may choose among them.
County of residence of GA D for venue purposes: An unincorporated association:
resides in all counties in which it does business or has a branch or local organization.
County of residence of GA D for venue purposes:
Domestic GA Corp. and foreign corps authorized to transact business in GA: Registered office?
Corp always resides in the co. in which it has its registered office as stated by Articles of Incorporation filed with the Sec. of State.
County of residence of GA D for venue purposes:
Domestic GA Corp. and foreign corps authorized to transact business in GA:
Contracts Cases:
Corp ALSO resides in co. where the K was made or to be performed but ONLY IF corp has office to transact business there.
County of residence of GA D for venue purposes:
Domestic GA Corp. and foreign corps authorized to transact business in GA:
Torts (damages) cases:
Corp can be sued in co. where the tort occurred, but if the corp does not have an office and transact business in that co. D has right to remove to co. where D maintains principal place of business.
Transitory Actions: Venue: When D is a non-resident venue can be laid:
in the county where service was made.
If non-resident is brought in under the long-arm statue, venue is laid:
in any county where a substantial part of the claim arose.
NOTE: If one or more of D’s is a GA resident, venue is laid in the co. where the GA co-defendant resides.
Venue under the Nonresident Motorist Act: If all D’s are non residents, two choices for venue:
- Where accident occurred.
- Where P resides.
NOTE: Just like long arm statue if one or more D’s are GA residents then venue is laid where the GA co-D resides.
Vanishing venue? If GA co-D wins a verdict or judgment at trial, venue remains OK for the non-resident D. But if the GA co-D is dismissed b/f trial:
transfer case to proper venue for nonresident.
Can impleaded party object to venue if venue is proper in the main claim?
No.
If case is brought in improper co.:
it will be TRANSFERRED to proper county.
The ct in a PROPER county can order change of venue if:
an impartial jury cannot be found in co. where case is pending. Ct. will transfer to any county on which the parties agree. If they can’t agree, ct. will choose the county.
When a NON-RESIDENT brings action in a GA court and the action ACCRUED OUTSIDE OF GA, a GA court may:
decline to exercise jurisdiction and DISMISS ACTION WITHOUT PREJUDICE to its filing in a more convenient forum w/ jurisdiction over the parties.
In considering whether to dismiss on account of inconvenient forum in action by a NON-RESIDENT of an action accruing OUTSIDE GA factors include: (5)
- Place of accrual of the cause of action;
- Location of witnesses;
- Residence(s) of the parties;
- Whether litigant is attempting to circumvent the applicable SOL of another state; and
- Public factor of the convenience to and burden upon the ct.
Inconvenient forum in action by non-resident accruing outside GA motions must be filed:
not later than 90 days after the last day allowed for the moving party’s answer.
Forum Non Conveniens: If a GA ct finds that:
in the INTEREST OF JUSTICE and for the CONVENIENCE OF THE PARTIES AND WITNESSES an action would be more properly heard either in another state or in another county.
Then the ct shall decline to adjudicate the matter under the doctrine of forum non conveniens.
Factors in determing whether to grand motion of forum non conveniens: (7) A VAULTA
Access to sources of proof;
Viewing the premises (if viewing would be appropriate in the action.)
Availability and cost of compulsory process for attendance of unwilling witnesses;
Unnecessary expense or trouble of D;
Local interests in decided the case locally;
Traditional deference given to Ps choice of forum.
Administrative difficulties for the forum cts.;
Where the more convenient forum lies outside GA:
Ct must DISMISS, but not until D stipulates to waive any SOL defenses in new forum.
Where the more convenient forum lies within GA:
Ct. must TRANSFER the action to the more convenient GA county.
Service of Process: Who may serve in GA: (3)
- Sheriff, marshal, or deputy, or
- A civilian non-party who is at least 18 and who is specially appointed by the ct., or
- Such a civilian appointed by the ct. as a permanent process server
(Narrower than federal rules)
Timelines of service: While SOL is tolled by the filing of a complaint, the CPA states that the designated process server must effect service:
within five days of receiving the summons and complaint.
If complaint is filed w/i the SOL period but not served upon the D within 5 days or within the limitations period service will still be deemed valid if:
service was made in a reasonable and diligent manner.
Three methods of service under CPA:
- Personal svc.
- Leaving process at D’s usual abode with person of suitable age and discretion who resides therein (substituted service)
- Serving D’s authorized agent.
Steps to use Waiver of Svc by First Class Mail: (3)
- P must notify D of the action by sending by first class mail a copy of the complaint and form asking D to waive svc of summons.
- D who receives request may grant waiver by returning the waiver form w/i 30 days of when the request was sent.
- If D does not comply with a request for waiver of svc (thus forcing P to effect service of process on D) the ct. shall impose on the D the costs subsequently incurred in effecting svc of process, including costs and reasonable attys fees of any motion required to collect the cost of svc.
What happens to D who returns waiver form in timely manner?
(D who returns form in timely manner is not required to serve an answer to the complaint until 60 days after the date on which the request for waiver of service was sent.)
Svc on Corps: Under CPA P may serve a corp by serving any of the following in GA: (4) ROMO
- Registered agent
- President or other officer, secretary or cashier
- Managing agent
- Other agent whose job shows that she represents the corp in some way.
Substituted Service of Corp in GA: If svc cannot be effected on any corp agents then P may serve corp by: (3)
- Delivering a copy of the summons and complaint to the Sec. of State.
- Certifying by affidavit that svc on corp agent could not be effected, and
- Forwarding the svc of process by registered mail to the last known registered office or agent listed w/ the Sec. of State.
Additional substituted svc of corp in GA: If P cannot effect svc on the registered agent, P may serve the corp by:
registered or certified mail, return receipt requested, addresd to the CEO or secretary of corp at its principal office.
Copies of the svc docs must also be served on the Sec. of State.
Svc on unincorporated associations (including PS) in GA:
Serve agent or partner in GA.
Serving minors:
Serve minor personally and his parent, general guardian, or guardian ad litem.
