THEMIS SERVICE VENUE TRANSFER Flashcards
What happens if defendants residing in the county where an action is pending are discharged from liability?
A nonresident defendant can have the case transferred to a county and court where venue would be proper.
Ga. Code Ann.§ 9-10-31.
Where must tort actions against the state under the Georgia State Tort Claims Act be brought?
They must be brought in the state or superior court of the county where the tort occurred.
Ga. Code Ann.§ 50-21-28.
Where can a wrongful death action be brought under the Georgia State Tort Claims Act?
It may be brought in either the county where the tort occurred or the county where the decedent died.
Where can an action be brought if a state employee is included as a defendant in an individual capacity?
The action may be brought in the county where that employee resides.
Ga. Code Ann.§ 50-21-28.
What must a court do if it determines that venue is not proper?
It must transfer the case to the appropriate court.
Ga. Const. art. 6, § 1, para. VIII.
What is the principle of forum non conveniens in Georgia?
Georgia courts must not adjudicate matters if a claim or action would be more proper in a forum out of state or in a different county.
What factors do courts consider under forum non conveniens?
Factors include ease of access to proof, availability of witnesses, possibility of viewing premises, unnecessary expenses for the defendant, administrative difficulties, local interests, and deference to plaintiff’s choice of forum.
What happens if the more appropriate forum is another Georgia court?
The case should be transferred.
What happens if the more appropriate forum is out of state?
The case should be dismissed, and the defendant must file a written stipulation waiving the right to assert a statute of limitations defense in other states.
What can a court do if it determines that Georgia is not the appropriate state for an action?
The court can decline to exercise jurisdiction over a nonresident’s action that accrued outside of Georgia.
What factors are considered when determining jurisdiction over a nonresident’s action?
Factors include where the cause of action accrued, location of witnesses, residence of parties, potential evasion of statute of limitations, and convenience to the court.
What governs a contract action in Georgia?
It will generally be governed by the substantive law of the place where it was made, unless the contract indicates performance in a different state.
What governs a tort action in Georgia?
It will be governed by the substantive law of the place where the tort or wrong occurred.
