Venue

Question 1

What are the two general categories of actions for the purpose of evaluating venue?

Answer 1

Local Actions

• involve title to cland (e.g., decree of title, writ of possession, ejectment)
• must be asserting title at law and not at equity

Transitory Actions

• anything that is not a local action

Question 2

List and explain the general venue rules for Georgia Civil Procedure for resident defendants.

Answer 2

Local Actions

• venue must be laid in the couny where the land (or any part) lies

Transitory Actions

• in the county where the defendant resides at the time the action is commenced (Ga. Const.)
• MDJLE–if action against joint obligors, joint trespassers, joint promisors, joint tortfeasors, or co-partners, venue is proper in the county where any of them resides when the case is filed (Ga. Const.)

NOTE:

• if the case is against both the maker and endorser of a note, and both reside in Ga., venue is proper in the county where the maker resides
• affirmative equitable relief–if all defendants are Georgia residents, venue lies in the county where a defendant against whom substantial relief is sought resides
• divorce or alimony–if defendant is a resident, where defendant resides; if defendant is a nonresident, where plaintiff resides

Question 3

Describe the vanishing venue problem.

Answer 3

In a claim is against joint defendants

where a non-resident defendant of the county** requires that the **case be transferred to a proper venue

if all defendants who reside in the county** of original venue **are discharged from liability

whether before or even upon return of a verdict

if venue would be proper in more than one county, the plaintiff may choose from among them

NOTE: if a claim is brought against joint defendants for damages, and an equitable claim is brought against a single defendant,** the claim may follow the typical **MDJLE rule

• only if the equitable claim arises out of the same transaction or occurrence

Question 4

Where does a Georgia defendant reside for venue purposes?

Answer 4

Unincorporated association

• resides in all counties in which it does business or has a branch or a local organization

Corporation

• where it has its registered office (articles of incorporation on file with the Secretary of State); and
• in contracts cases, where the claim arose IF the corporation 1) has an office there and 2) transacts business there
• in torts cases (option 1), where the claim arose IF the corporation 1) has an office there and 2) transacts business there
• in torts cases (option 2), where the claim arose BUT the defendant has the right to remove the action to the county where the defendant maintains its principle place of business

Question 5

What are the venue rules for transitory actions where the defendant is a nonresident?

Answer 5

If the nonresident defendant was served in Georgia**, **where service was made

Long Arm Statute

• if one or more defendants is a Georgia resident, where the co-defendant resides
• if no Georgia resident defendant, where a substantial part of the claim arose

Nonresident Motorist Act

• no resident defendant–where the accident occurred; OR
• no resident defendant–where the plaintiff resides
• if resident defendant–where the co-defendant resides

NOTE: if the Georgia co-defendant wins a verdict or judgment at trial, venue remains for the nonresident defendant.

NOTE: if the Georgia co-defendant is dismissed before trial, transfer the case to the proper venue for the nonresident

Question 6

What are the venue rules for impleader actions?

Answer 6

If venue is proper**, a **third party defendant cannot object to venue in the third-party claim

If the court loses venue** over the original action, it also **loses venue over the third party defendant

Question 7

What are the transfer rules for venue?

Answer 7

If the case is brought in an improper county, simply transferred to a proper one.

If in a proper county**, **the court** may order a **change of venue if an impartial jury cannot be found

• transfer to any county to which the parties agree
• if the parties cannot agree, the court will select

Question 8

What are the factors the court will consider in evaluating a claim of Inconenient Forum in an Action by a Nonresident that Accrued Outside of Georgia?

Answer 8

Place of accrual of the cause of action;

Location of witnesses

Residence or residences of the parties

Whether a litigation is attempting to circumvent the applicable statute of limitations of another state; and

Public factor of the convenience and burden upon the court.

Impact:

• The court may decline to exercise jurisdiction and dismiss the action without prejudice to filing in another more convenient and proper jurisdiction

NOTE: this is a nonresident plaintiff coming to Georgia to (likely) sue a Georgia defendant

Question 9

What are the factors the court will consider in evaluating a claim of forum non conveniens?

Answer 9

If a Georgia court finds that in the interest of justice** and **for the convenience of the parties and witnesses** an action would be **more properly heard in a forum outside of Georgia** or in a **different county of proper venue within Georgia, the court shall decline to adjudicate the matter.

• Relative ease of access to sources of proof;
• Availability and cost of compulsory process for attendance of unwilling witnesses;
• Possibility of viewing the premises, if viewing would be appropriate to the action;
• Unnecessary expense and troule to the def