05 LC 14
9080
House
Bill 573
By:
Representatives Lindsey of the
54th,
Willard of the
49th,
Smith of the
129th,
Chambers of the
81st,
Ralston of the
7th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 9 of the Official Code of Georgia Annotated, relating to civil
practice, so as to change certain provisions relating to venue; to change
provisions relating to determination of venue in actions against joint
defendants and the effect of dismissal of one or more parties; to provide that
all joint defendants may elect any county and court in which venue is otherwise
proper; to provide that such election shall waive any future objection to the
venue selected; to provide for practice and procedure; to provide for other
related matters; to provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
9 of the Official Code of Georgia Annotated, relating to civil practice, is
amended by striking Code Section 9-10-31, relating to actions against certain
codefendants residing in different counties, and inserting in lieu thereof the
following:
"9-10-31.
(a)
The General
Assembly finds that Paragraph IV of Section II of Article VI of the Georgia
Constitution permits a trial and entry of judgment against a resident of Georgia
in a county other than the county of the
defendant́s
residence only if the Georgia resident defendant is a joint obligor, joint
tort-feasor, joint promisor, copartner, or joint trespasser.
(b)
Subject to the provisions of Code Section 9-10-31.1,
joint
Joint or
joint and several tort-feasors, obligors,
or promisors, or joint contractors or copartners, residing in different
counties, may be subject to an action as such in the same action in any county
in which one or more of the defendants reside.
If,
however, the court determines prior to the commencement of trial
that:
(1)
The plaintiff has brought the action in bad faith against all defendants
residing in the county in which the action is brought; or
(2)
As a matter of law, no defendant residing in the county in which the action is
brought is a proper party,
the
action shall be transferred to the county and court which the plaintiff elects
in which venue is proper. The burden of proof on the issue of venue shall be on
the party claiming improper venue by a preponderance of evidence.
(c)
In any action involving a medical malpractice claim as defined in Code Section
9-9-60, a nonresident defendant may require that the case be transferred to the
county of that
defendant́s
residence if the tortious act upon which the medical malpractice claim is based
occurred in the county of that
defendant́s
residence.
(b)(d)
If all defendants who reside in the county in which an action is pending are
discharged from liability before
the
commencement of trial
or upon the
return of a verdict by the jury or the court hearing the case without a
jury, a nonresident defendant may require
that the case be transferred to a county and court in which venue would
otherwise be proper. If venue would be proper in more than one county, the
plaintiff may elect from among the counties in which venue is proper the county
and the court in which the action shall proceed.
(c)
If all defendants who reside in the county in which the action is pending are
discharged from liability after the commencement of trial, the case may be
transferred to a county and court in which venue would otherwise lie only if all
parties consent to such transfer.
(d)
For purposes of this Code section, trial shall be deemed to have commenced upon
the jury being sworn or, in the instance of a trial without a jury, upon the
first witness being sworn.
(e)
Nothing in this Code section shall be deemed to alter or amend the pleading
requirements of Chapter 11 of this title relating to the filing of complaints or
answers.
(f)
This Code
section shall apply to actions filed on or after July 1,
1999.
In any action
filed on or after July 1, 2005, if all defendants elect in writing the county
and court in which the action shall be tried, such election of venue shall
control if venue is otherwise proper in such county and court. In order to be
effective, such election of venue must contain a written waiver executed by each
defendant agreeing that no objection or challenge will thereafter be raised to
the county and court selected, even if all defendants who reside in that county
are discharged from liability or otherwise dismissed from the action. In order
to be effective, the election of venue must be served on all parties and filed
with the court within ten days after the date of filing of the last answer filed
in the action. For this purpose, an amendment or other action by which a new
party defendant is added shall reopen the opportunity to allow an election of
venue or a new election of venue within ten days after the filing of the answer
of the new party defendant. Where a proper election of venue is filed, the case
shall be transferred to the county and court elected if different from the
county or court in which the action was
filed."
SECTION
2.
This
Act shall become effective July 1, 2005, and shall apply with respect to actions
filed on or after that date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.