Venue

Question 1

General rule

Answer 1

Ga. defendant has the right to be sued in the county where he resides at the time the action is commenced.

Question 2

Joint Liability Rule

Answer 2

Venue is proper in any county where one of the D’s resides if they are joint trespassors, obligors, etc.

Does not apply to nonresidents. Cannot base venue on a nonresident’s venue under LAS or NRMA.

Question 3

Equitable Relief with multiple defendants

Answer 3

Venue is proper where substantial relief is sought against one of the Ds.

Question 4

Divorce or Alimony

Answer 4

Venue is proper where D resides. If D is nonresident then venue is proper where plaintiff resides

Question 5

Vanishing Venue

Answer 5

A defendant may request a case to be transferred if one of the defendants upon whom venue was based is dismissed from the action.

Question 6

Venue for Unincorporated business

Answer 6

Any county where it does business or has an office

Question 7

Venue for Corporation

Answer 7

1) registered agent;
2) any county where the corporation does business and has an office; or
3) any county where the cause of action arose.

However, if P bases on #3 then corporation may seek to remove action to the county where it maintains its PPB.

***For K cases only - Any county where contract was made or to be performed, but only if has office and conduct business in that county

Question 8

Venue for Nonresident

Answer 8

Under LAS or NRMA - where the cause of action arose

However, if one or more codefendants is a Ga. resident then venue must be based on a Ga. residents residence.

If the Ga. resident is dismissed before trial then the nonresident defendant can request transfer. However, no vanishing venue after a trial verdict is entered.

Question 9

Forum non conveniens

Answer 9

If a Georgia court finds that in the INTEREST OF JUSTICE and for the convenience of the parties that an action would be properly heard in another forum then it can transfer venue to one which is proper.