THEMIS OUTLINE -PJ SERVICE

Question 1

What does Georgia allow regarding personal service on nonresidents?

Answer 1

Georgia allows personal service on nonresidents who are in the state on a transient basis.

Humphrey v. Langford, 273 S.E.2d 22 (Ga. 1980).

Question 2

Are nonresidents immune from service of process while attending court proceedings in Georgia?

Answer 2

Yes, nonresidents who are attending a court proceeding or traveling to or from it are immune from service of process.

Ausbon v. Ausbon, 206 S.E.2d 546 (Ga. App. 1974).

Question 3

What is Georgia’s long-arm statute?

Answer 3

Georgia’s long-arm statute allows the state to exercise personal jurisdiction over any nonresident in a cause of action arising from his actions, omissions, ownership, use, or possession.

Question 4

What are the conditions under which Georgia can exercise personal jurisdiction over nonresidents?

Answer 4

Georgia can exercise personal jurisdiction if the nonresident:
1. Transacts any business in Georgia;
2. Commits a tort in Georgia (except defamation);
3. Causes an injury in Georgia by an act or omission outside of Georgia;
4. Owns, uses, or possesses real property in Georgia;
5. Maintains a matrimonial domicile in Georgia for domestic relations actions;
6. Is under a Georgia court order regarding alimony, child custody, etc.

Question 5

Is Georgia’s long-arm statute limited to contract cases?

Answer 5

No, the long-arm statute is not limited to contract cases.

Innovative Clinical & Consulting Servs. v. First Nat’/ Bank, 620 S.E.2d 352 (Ga. 2005).

Question 6

What happens if jurisdiction under the long-arm statute is based on real property ownership?

Answer 6

Jurisdiction will not be defeated if the defendant no longer owns the property when the action is filed, as long as the cause of action arises from the defendant’s ownership, use, or possession of the property.

Hart v. Delowe Partners, 250 S.E.2d 169 (Ga. App. 1978).

Question 7

How can Georgia reach nonresident motorists involved in accidents?

Answer 7

Georgia plaintiffs may serve process on the secretary of state for an action against a nonresident based on an accident in Georgia in which the nonresident was operating a vehicle.

Ga. Code Ann. § 40-12-1.

Question 8

What is the three-part test for exercising jurisdiction over a nonresident in Georgia?

Answer 8

The three-part test is:
1. The nonresident defendant has purposefully done some act in Georgia;
2. The cause of action arises from or is connected with such act;
3. The exercise of jurisdiction does not offend traditional fairness and substantial justice.

Robertson v. CR!, Inc., 267 Ga. App. 757, 759 (June 10, 2004).

Question 9

What is the status of a business incorporated out of state that is authorized to do business in Georgia?

Answer 9

It is considered a resident for personal jurisdiction purposes.

Allstate Ins. Co. v. Klein, 422 S.E.2d 863 (Ga. 1992).

Question 10

What happens if a corporation is not authorized to do business in Georgia?

Answer 10

It is considered a foreign corporation, and personal jurisdiction must arise under Georgia’s long-arm statute.

Pratt & Whitney Can. v. Sanders, 460 S.E.2d 94 (Ga. App. 1995).

Question 11

Do Georgia courts consider internet sellers as having sufficient contacts with the state?

Answer 11

Yes, sellers of goods sold over the Internet are considered to have sufficient minimum contacts with Georgia under the long-arm statute.

Aero Toy Store, LLC v. Grieves, 631 S.E.2d 734 (Ga. App. 2006).

Question 12

When is service by publication allowed in Georgia?

Answer 12

Service by publication is allowed whenever a nonresident or unknown person claims or owns title to an interest in any real or personal property in Georgia.

Ga. Code Ann.§ 9-10-71.

Question 13

Where must cases involving title to land be tried in Georgia?

Answer 13

They must be tried in the county where the land lies.

Ga. Const. art. 6, § 2, para. II.

Question 14

What is the general rule for venue in Georgia?

Answer 14

Venue generally has to be in the county where the defendant resides when the case is filed.

Ga. Const. art. 6, § 2, para. VI.

Question 15

What are the exceptions to the general venue rule in Georgia?

Answer 15

Exceptions include:
1. Equity cases venue is proper in the county of residence of the defendant against whom substantial relief is sought;
2. Joint defendants may be sued in any county where a defendant resides;
3. Actions involving promissory notes are tried in the county where the maker or acceptor resides.

Question 16

Where is venue proper for divorce or alimony cases if the defendant is not a Georgia resident?

Answer 16

Venue is proper in the county where the plaintiff resides.

Ga. Const. art. 6, § 2, para. I.

Question 17

What happens if a plaintiff has two claims arising from one transaction in Georgia?

Answer 17

If the Georgia Constitution makes a county proper venue for one of those claims, the trial court can hear both claims.

Natpar Corp. v. E.T. Kassinger, 365 S.E.2d 442 (Ga. 1998).

Question 18

Where is venue proper for actions under Georgia’s long-arm statute?

Answer 18

Venue is proper in a county where a substantial part of the business was transacted, the tort or injury occurred, or the real property is located.

Question 19

What is the venue rule for nonresident motorists in Georgia?

Answer 19

Venue is proper in the county where the accident occurred, the cause of action originated, or, if the plaintiff is a Georgia resident, in the county where the plaintiff resides.

Ga. Code Ann.§ 40-12-3.