Venue

Question 1

General Venue Rule

Answer 1

Venue is proper in a county where the defendant resides when the case was filed

EFFECT OF MULTIPLE DEFENDANTS – (1) venue is proper in any county where any defendant resides when they are jointly liable for the plaintiff’s injuries (2) if not jointly liable, they must be sued in their respective county residences

Question 2

Venue for Nonresident Defendants

Answer 2

Venue is proper in a county in which:
1) the defendant was served;
2) a substantial part of the harm took place; or
3) for an action under GA’s Nonresident Motorist Act: (a) in the county where the accident took place; or (b) the plaintiff’s residence at the time of the action

NOTE – if there are GA residents joined to the action, venue must be proper as to them

Question 3

Special Venue Rules

Answer 3

REAL ESTATE – must be laid in the county where the land lies

ESTATES – in the county where the defendant’s land lies

DIVORCE OR ALIMONY – if the defendant is a nonresident, venue is proper in the county of the plaintiff’s residence (if defendant is a resident the general rule applies)

GA TORT CLAIMS ACT – normally lies in the county where the loss occurred

Question 4

Residence of Business Entities

Answer 4

a business entity resides in a county where its registered office is (not necessarily the principal place of business)

CONTRACT CASES – venue also lies where the claim arose, but only if the business either has an office or transacts business in that county

TORT CASES – the business can remove the case to the business’s principal place of business within 45 days of being served with process

Question 5

Vanishing Venue Problem

Answer 5

if a defendant on whom venue is based is dismissed from the case, venue vanishes and the case must be transferred to a jurisdiction in which venue is proper to the remaining defendants

EXCEPTION – if the sole remaining defendant is a nonresident of GA after dismissal, venue does not vanish

Question 6

Forum Non Conveniens

Answer 6

Despite proper subject matter jurisdiction, personal jurisdiction, and venue, if the forum is still grossly inconvenient to the parties and witnesses the action may be (1) transferred within GA or (2) dismissed to a court outside of GA

the court can require the defendant waive any statute of limitations defenses

Question 7

Remedy for Improper Venue

Answer 7

an action filed in an improper venue must be transferred to a proper venue

an action filed in a proper venue may be transferred in the court’s discretion for convenience of the parties or witnesses