How does an out-of-county defendant affect where my Georgia injury case is tried?

· 2 min read

When defendants live in different Georgia counties, the location of trial is shaped by a constitutional venue rule and a statute that lets joint wrongdoers be sued together. The general starting point is that a Georgia resident is sued in the county where that person lives, but a case with multiple defendants from multiple counties can open more than one proper venue.

The general rule and the joint-tortfeasor exception

Georgia’s constitution generally requires a suit against a resident to be brought in the county of that defendant’s residence. An important exception applies when defendants are joint wrongdoers. Under O.C.G.A. § 9-10-31(b), joint tortfeasors who reside in different Georgia counties may be sued together in any county where one of them resides. So if one driver or company involved in causing the injury lives in the county where suit is filed, an out-of-county co-defendant who is a joint tortfeasor can usually be required to defend there as well. This rule applies to defendants who are Georgia residents; a non-resident is handled under separate jurisdiction and venue principles.

The “vanishing venue” wrinkle

Venue built on a local defendant can be fragile. If the defendant whose residence anchored the case in that county is dismissed or found not liable before or upon the verdict, an out-of-county defendant may be entitled to have the case moved to a proper county. This is sometimes called vanishing venue, and it means the early presence of a local defendant does not always keep the case there through the end. The strength of the claim against the resident defendant therefore affects whether venue holds.

No matter which county finally holds the trial, the rules that decide it stay put. A move across county lines does nothing to the two-year clock in O.C.G.A. § 9-3-33 or to the way O.C.G.A. § 51-12-33 divides fault among the parties.

The bottom line

An out-of-county defendant matters because it can expand or shift where a Georgia case is properly tried. Joint tortfeasors from different counties can be sued together in any one of their home counties under O.C.G.A. § 9-10-31(b), but that venue can vanish if the local defendant drops out, so who is sued and where they live drive the location even though the substantive law stays constant.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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