Jurisdiction and Venue: Where to File an Action

Question 1

What is Jurisdiction?

Answer 1

Jurisdiction refers to the power of a court to

hear a case and render a binding judgment.

Question 2

What are the several divisions of jurisdiction?

Answer 2

a. Over people:
(1) Subject matter.
(2) Personal.
(3) Long-arm jurisdiction.

b. Over property:
(1) In-rem jurisdiction.
(2) Quasi in-rem jurisdiction.

c. Venue.

Question 3

SMJ: What are the types of courts the judicial power of GA is vested exclusively in?

Answer 3

a. Trial courts:
(1) State courts.
(2) Superior courts.
(3) Magistrate courts.
(4) Probate courts.
(5) Juvenile courts.

b. Courts of Appeal:
(1) The Supreme Court.
(2) The Court of Appeals.

Question 4

Exam tip!

-courts and jurisdictions

Answer 4

Consider:
What is excluded from each court’s jurisdiction?
What is within the exclusive jurisdiction of each court?
Concurrent jurisdiction.

Question 5

Trial Courts: State Court

Answer 5

(1) Exist in counties that have a certain population.

(2) Each state court in Georgia has jurisdiction, within the
territorial limits of the county or counties for which it
was created and concurrent with the superior courts,
over the following matters [O.C.G.A. §15-7-4]:
(a) The trial of criminal cases below the grade of felony;
(b) The trial of civil actions without regard to the amount
in controversy, except those actions in which
exclusive jurisdiction is vested in the superior courts;
(c) The hearing of applications for and the issuance of
arrest and search warrants;
(d) The holding of courts of inquiry;
(e) The punishment of contempt by fines not exceeding
$500 or by imprisonment not exceeding 20 days, or
both; and
(f) Review of decisions of other courts as may be
provided by law.

Question 6

Trial Courts: Superior Court

Answer 6

(1) The superior courts in Georgia are courts of general
jurisdiction. They have jurisdiction in all cases, except
as otherwise provided in the Georgia Constitution.

(2) They have exclusive jurisdiction over cases respecting:
(a) Felonies.
(b) Divorce cases.
(c) Equity cases.
(d) Title to land.

(3) Can take appeals from magistrate courts as well.

Question 7

Trial Courts: Magistrate Courts

Answer 7

(1) Has jurisdiction over: Civil claims up to $15,000.

(2) Cannot take jurisdiction over: Things within the
exclusive jurisdiction of the Superior Courts.

(3) Proceedings in the magistrate court are not subject to
the Georgia Civil Practice Act.
(a) No jury trials, just do substantial justice between the
parties.
(b) Procedural rules liberally construed.
(c) Proceedings are relatively informal.

(4) Judgments can be appealed to the state or superior
court and are subject to de novo review.

Question 8

Trial Court: Probate Court

Answer 8

(1) Probate courts have exclusive jurisdiction over:
(a) The probate of wills.
(b) Administration of estates.
(c) Guardianship matters.
(d) Matters relating to minors and incapacitated adults.
(e) Estates of incompetent persons.

(2) The Civil Practice Act will apply to probate court
proceedings unless there are specific rules of practice
and procedure that conflict.

(3) A party to a probate court civil case in which a jury trial
has been held may appeal to: The Supreme Court or
the Court of Appeals.

(4) Judgments in non-jury trials may be appealed to: The
superior court.

Question 9

Trial Court: Juvenile Court

Answer 9

(1) The juvenile court’s exclusive jurisdiction includes:
(a) Delinquency actions for non-capital criminal offenses
for children under age 17.
(b) Deprivation actions.
(c) Actions concerning termination of the parent-child
relationship.

(2) Final judgments of a juvenile court may be appealed to:
The Court of Appeals or the Supreme Court.

Question 10

Appellate Courts: Supreme Court

Answer 10

(1) Appellate jurisdiction: The parties have the right to take
a case to the court.
(a) Election disputes.
(b) Cases involving the construction of a treaty or of the
Constitution of the State of Georgia or of the United
States and all cases in which the constitutionality of a
law, ordinance, or constitutional provision has been
drawn in question.
(c) Title to land.
(d) Equitable remedies.
(e) Wills.
(f) Habeas corpus petitions.
(g) Cases that involve extraordinary remedies.
(h) Divorce and alimony.
(i) All cases certified to the court by the court of appeals.

(2) Discretionary jurisdiction: It is up to the court whether to
hear the case.
(a) Takes cases by writ of certiorari that are deemed to be of great public importance or are otherwise grave.

Question 11

Appellate Court: Court of Appeals

Answer 11

(1) The Court of Appeals is a court of review that exercises appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts by law.

Question 12

Exam tip!

-PJ

Answer 12

This is the most tested subject on the Georgia bar

exam with respect to civil procedure.

Question 13

What does PJ refer to?

Answer 13

A court’s authority over a
particular person (known as in personam jurisdiction) or a piece of property (known as in rem jurisdiction or quasi in rem jurisdiction, depending on the nature of the proceeding).

Question 14

What are the bases of In Personam Jurisdiction?

Answer 14

• presence
• consent
• domicile
• corporations

Question 15

What is In Personam Jurisdiction “presence”?

Answer 15

A person’s physical presence in the state is a sufficient
basis for in personam jurisdiction, unless the person is
in the state to attend a court proceeding as a party or
witness.

Question 16

What is In Personam Jurisdiction “consent”?

Answer 16

(1) By waiver: A party may be deemed to have consented
to personal jurisdiction by failing to raise lack of
personal jurisdiction as an affirmative defense in his
answer.

(2) By contract: A contractual provision specifying the
forum for adjudicating disputes is prima facie valid, and
will be enforced unless it is shown to be unreasonable
under the circumstances.

Question 17

What is In Personam Jurisdiction “domicile”?

Answer 17

A person who is a Georgia resident will be subject to

personal jurisdiction in Georgia.

Question 18

What is In Personam Jurisdiction “corporations”?

Answer 18

(1) A corporation that is incorporated in Georgia.
(2) Any corporation that is authorized to transact business
in Georgia.

Question 19

How does GA get PJ over nonresidents?

Answer 19

• long-arm statute

- nonresident motorist statute

Question 20

PJ over nonresidents: Long-arm statute

Answer 20

(1) Georgia has an enumerated act statute: As to a cause
of action that arises from one or more of a series of
described act, Georgia courts will have jurisdiction over
non-residents.

(2) Georgia courts may exercise personal jurisdiction over
any nonresident or his executor or administrator, as to a cause of action arising from any of the acts
enumerated below, if in person or through an agent, he:
(a) Transacts any business within Georgia;
(b) Commits a tortious act or omission within Georgia,
except as to a cause of action for defamation of
character arising from the act;
(c) Commits a tortious injury in Georgia caused by an act or omission outside the state if the tortfeasor regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in Georgia;
(d) With respect to proceedings for alimony, child
support, or division of marital property in connection
with a divorce or action for support;
(e) Owns, uses, or possesses any real property in
Georgia; or
(f) Maintains a matrimonial domicile in Georgia at the
time of the commencement of the action; or
(g) Resided in Georgia preceding the commencement of the action, whether cohabiting during that period of
residence or not.

Question 21

What are the limits of the constitutional reach of GA’s long-arm statute over nonresidents?

Answer 21

(1) The Georgia courts construe the long-arm statute to
extend to the limits of due process.

(2) An “intangible presence” such as by mail and telephone
contacts alone may be sufficient to establish the
purposeful activity in the state necessary for personal
jurisdiction.

Question 22

PJ over nonresidents: Nonresident motorist statute

Answer 22

(1) The acceptance by a nonresident of the right to operate
a motor vehicle in the state of Georgia is deemed the
appointment by the nonresident of the Georgia
Secretary of State as attorney-in-fact for service of
process in any proceeding against the nonresident
arising from an accident within Georgia in which the
nonresident is involved by operation of a motor vehicle,
either under his control or at his direction, express or
implied.

Question 23

In Rem Jurisdiction

Answer 23

a. In rem jurisdiction affords a Georgia court personal jurisdiction over property located in Georgia when it is the
property at issue.

Question 24

Quasi In Rem Jurisdiction

Answer 24

In actions involving attachment of real or personal property as part of the relief requested, the court of the county and state in which that property is located has
quasi in rem jurisdiction over the real and personal
property being attached.

b. Subject to minimum contacts analysis.

Question 25

Exam tip!

-Venue

Answer 25

Venue is the second most frequently tested topic on the Georgia bar exam with respect to Civil Procedure.
The topic is so important that many of the rules are
enshrined in the state Constitution. Very different from the federal venue rules.

Question 26

Venue in GA: Generally

Answer 26

Generally: In a case involving one individual defendant, the defendant has the right to be sued in the county of the defendant’s residence.

a. Cases respecting title to land must be tried: In the county where the land lies, except where a single tract is divided by a county line, in which case the superior court of either
county has jurisdiction.

b. All actions seeking equitable relief must be filed: In the county of the residence of one of the defendants against
whom substantial relief is sought.
(1) In cases of injunctions to stay pending proceedings: The action may be filed in the county where the proceedings are pending, provided no relief is sought as to matters not included in such litigation.

Question 27

Venue in GA: Divorce Cases

Answer 27

a. If defendant is a Georgia resident: Divorce cases are tried in the county where the defendant resides.
b. If defendant is not a Georgia resident: A divorce case may be tried in the county of the plaintiff’s resident.

c. If the defendant has moved from the county of marital domicile within 6 months of the date of filing: The plaintiff
can sue in the county of the marital domicile.

d. Any person who has been a resident of any U.S. army post or other military reservation in Georgia for one year just before the filing of the petition may bring an action for
divorce in any county adjacent to the post.

Question 28

Venue in GA: Commercial Paper

Answer 28

Where the maker, drawer, acceptor, and/or endorser of an instrument or promissory note reside in different counties, venue is proper in the county where the maker of the note or acceptor of the instrument resides.

Question 29

Venue in GA: Joint Obligors or Tortfeasors & Vanishing Venue

Answer 29

(a) Suits against joint obligors, tortfeasors, promisors, copartners, or joint trespassers residing in different counties may be tried in: any county in which one or more of the defendants reside.

b. Vanishing Venue
(1) If all defendants who reside in the county in which an action is pending are discharged from liability before or
upon the return of a verdict by the jury or the court (if a bench trial), a non-resident defendant may require that
the case be transferred to a county where venue would be proper.
(2) If a third party defendant is impleaded and the venue is lost over the original defending party, venue is lost over
the impleaded party as well.

Question 30

Venue in GA: Nonresidents

Answer 30

a. A person who is not a citizen of Georgia, passing through or staying temporarily in the state, may be subject to an action in: any county thereof in which he may be found at the time when the action is brought.

b. Venue against a nonresident also lies in any county wherein:
(1) A substantial part of the business involved was
transacted;
(2) The tortious act, omission, or injury occurred; or
(3) The real property is located.

c. Where an action is brought against a Georgia resident, any nonresident who is involved in the same transaction or occurrence and who is subject to jurisdiction in
Georgia may be joined as a defendant in the county
where the resident defendant may be sued.
(1) If the local defendant is dismissed before trial: nonresident defendant can insist that the case be transferred to a county where venue would be proper.
(2) If the local defendant is dismissed during trial: venue is
unaffected.

d. Action Against Nonresident Motorist
(1) If brought by a Georgia resident, the action may be brought, at the plaintiff’s election, in the county in which:
(a) The accident or injury occurred;
(b) The cause of action originated; or
(c) The plaintiff resides.

 (2) If brought by a nonresident, the action must be brought in the Georgia county in which:
      (a) The accident or injury occurred; or
      (b) The cause of action originated.

 (3) If a Georgia resident is a co-defendant in an action for damages: venue will lie in the county in which the Georgia defendant resides.
      (a) If the jury returns a verdict in favor of the resident joint defendant: the jurisdiction of the court over the nonresident joint defendant will not be lost or affected.

Question 31

Venue in GA: Corporations

Answer 31

a. In actions based on contracts: the corporation can be sued in that county in Georgia where the contract to be
enforced was made or is to be performed, if the
corporation has an office and transacts business in that county.

b. In actions for damages because of torts or injury done: the corporation can be sued in the county where the cause of action originated, if the corporation has an office
and transacts business in that county.

c. In civil proceedings generally, a corporation can be sued in the county where the corporation maintains its registered office; or if the corporation fails to maintain a registered office in Georgia, it will be deemed to reside in the county where its last named registered office or principal office, as shown by the records of the Secretary of State, was maintained.

d. In actions for damages because of torts, wrong, or injury done, in the county where the cause of action originated,
if the corporation does not have an office or transact business in the county where the cause of action originated: the defendant has the right to remove the action to the county in Georgia where the defendant maintains its principal place of business.

Question 32

Venue in GA: Insurance Companies

Answer 32

a. When any person has a claim or demand on an insurer, the person may bring an action where:
(1) The principal office of the company is located;
(2) The company has an agent or place of business;
(3) The agent or place of business was located at the time the cause of action accrued or the contract was made out of which the cause of action arose; or
(4) The property covered by the insurance contract is located.

b. A company that has written a contract of insurance on persons or property located in a particular county is deemed to be transacting business in the county.

Question 33

Venue in GA: Transfer

Answer 33

a. If a plaintiff brings a case in the wrong county, the remedy is to transfer the case to the proper county.
b. The court may transfer a case when it determines that an impartial jury cannot be obtained in the county where the case is pending.

Question 34

Venue in GA: Inconvenient Venue

Answer 34

a. Forum Non Conveniens
(1) If a Georgia court, on written motion of a party, finds that in the interest of justice and for the convenience of the parties and witnesses a claim or action would be
more properly heard elsewhere, the court must decline to adjudicate the matter.
(a) If the more proper venue is another state: the Georgia court must dismiss the action.
(b) If the more proper venue is elsewhere in Georgia: the court may transfer the action.

(2) In determining whether to grant a motion to dismiss an action or to transfer venue under the doctrine of forum non conveniens, the court must give consideration to
the following factors:
(a) Relative ease of access to sources of proof;
(b) Availability and cost of compulsory process for
attendance of unwilling witnesses;
(c) Possibility of viewing of the premises, if viewing would be appropriate to the action;
(d) Unnecessary expense or trouble to the defendant not necessary to the plaintiff’s own right to pursue his or her remedy;
(e) Administrative difficulties for the forum courts;
(f) Existence of local interests in deciding the case locally; and
(g) The traditional deference given to a plaintiff’s choice
of forum.

(3) A court may not dismiss a claim under this Code section until:
The defendant files with a written stipulation that, with respect to a new action on the claim commenced by the plaintiff, all the defendants waive the right to assert a
statute of limitations defense in all other states in which the claim was not barred by limitations at the time the claim was filed in Georgia.

Question 35

Venue in GA: Nonresident action accruing outside GA

Answer 35

(1) Georgia also has an additional provision that allows a court to decline to exercise jurisdiction over any civil case brought by a nonresident when the case accrued
outside Georgia if it determines that there is another more convenient forum with jurisdiction over the case.

(2) In making this determination, the court must consider:
(a) Where the action accrued;
(b) The location of the witnesses;
(c) The residence(s) of the parties;
(d) Whether a litigant is attempting to circumvent the applicable statute of limitations of another state; and
(e) The public factor of convenience to and burden upon
the court.