III. Venue Flashcards
General Idea
in state CP keyed to counties–which coutny is approrpriate–contrast to federal court where it is about which federal district
Local Actions
- INvolve title to land
- include those seeking degree of title and write of possession and ejectment
- Must be laid in the county WHERE THE LAND lies
- If suing to establish or gain title at equity, not local
- An action about a lease is not an action involving title to land
Transitory Actions
NOT local actions
Transitory Actions: Rules where defdnant is Georgia Resident
- Suit must be tried in the county in which D resides at the time the action is commenced
- ExCEPTIONS:
- MDJLE: if against joint obligors/trespassers/promisors/torfeasors/copartners, venue okay in the county in which ANY OF THEM reside
- does not apply if any lives outside GA
- Makers and Endorsers of Notes: if against both and both reside in GA, venue may be laid in the county where maker resides
- Affirmative Equitable Relief: if all GA residents, venue lies in county in which a defendant against whom substantial relief is sought
- Divorce or Alimony: lay venue where he resides. If non-resident, lay venue where plaintiff resides
- MDJLE: if against joint obligors/trespassers/promisors/torfeasors/copartners, venue okay in the county in which ANY OF THEM reside
Vanishing Venue
Any non-resident defendant to require that the case be transferred to a proper venue if all defendants who reside in the county of orignal venue are discharegd from liability, whether before or even upon return of a verdict.
If however, venue still proper in more than one county plaintiff may choose among them
Where do they reside for venue: Unincorporated association
resides in all counties in which ti does business or has a branch or local org.
WHere does corporation reside
- Registered officee: always resides in the county in whcih it has its registered office as state in articles of incorp filed w/ sec of state
- Contracts Cases: also residen in any county wehrehe the k was made or to be preformed but only if corp has an office or transacts business in county
- Torts 1: reside in the county where the claim arose if the corp has an office there and transacts business there
- Torts 2: where the claim arose without having to need an office or transacting business
If non-resident defendant is served in georgia
venue can be laid in the county where service was made
Under the long arm statute
venue is laid in any county where a substnatial part of the claim arose
if one or more defendants is a georgia resident, venue proper in county wehre co-defendant resides
Non resident motorist Act
Two choices if all D are non-residents
- where accident occured
- where the plaintiff resides
If one d is a reasident, venue s where they reside
Non residents and vanishing venue
Does not apply
Impleader
A third party defendant cannot object to venue in a #P claim if venue is valid in plaintiff’s main action
if court loses venue to the original claim, also loses venue to 3P claim
Transfer
- improper county will trnasfer to proper county
- proper county can transfer if they find a partial jury is impossible to find.
- will transfer to any county where parties agree–if no agreement, will choose one
Inconvenient Forum in ACtion by Non-Resident Accruing Outside Georgia
Court may decline to exercise jurisdiciton and dismiss without prejudice to its filing in another more convienet forum with jurisdiction over parties
Factors to consider
- place of accrual of the cofa
- location of witnesses
- residence or residences of the parties
- whether a litigant is attempt to circumvent the applicable sofl of another state AND
- public factor of the convenience to and burden upon the court
Motion must be filed no later than 90 days after the last day allowed for the moving party’s answer
Forum Non Conveniens
Court considres if interest of justice and convienece of parties and witnesses whether better held outside GA or in a different county or proper venue, shall decline jurisdiction
