TITLE 9 CIVIL PRACTICE

Section 10. Civil Practice and Procedure Generally, 9-10-1 through 9-10-204.

ARTICLE 2 VENUE

9-10-34. Action against third-party defendant.

As used in this Code section, the term:
1. "Defending party" means a party to a civil action who is:
  1. A defendant who contends that a person or entity not a party to the action is or may be liable to the defendant for all or part of a plaintiff's claim against the defendant;
  2. A plaintiff who contends that a person or entity not a party to the action is or may be liable to the plaintiff for all or part of another party's claim against the plaintiff; or
  3. A third-party defendant who contends that a person or entity not a party to the action is or may be liable to the third-party defendant for all or part of a claim made in the action against the third-party defendant.
2. "Third-party defendant" means any person or entity whom a defending party contends may be liable to the defending party for all or part of the claim made against the defending party in the action.
The claim of a defending party against a third-party defendant may be tried in the county where the action in which the claim for which the third-party defendant may be wholly or partially liable to the defending party is pending; and such claim may be tried in such county even though the third-party defendant is not a resident of such county.
The venue established under this Code section against a third-party defendant is dependent upon the venue over the defending party who brought the third-party defendant into the action, and if venue is lost over said defending party, whether through dismissal or otherwise, venue shall likewise be lost as to the third-party defendant.

(Code 1981, §9-10-34, enacted by Ga. L. 1984, p. 1149, § 1; Ga. L. 1985, p. 149, § 9.)

Cross references.

- Constitutional authority for third-party venue provisions, Ga. Const. 1983, Art. VI, Sec. II, Para. VII.

Third-party practice generally, § 9-11-14.

Law reviews.

- For article, "Defending the Lawsuit: A First-Round Checklist," see 22 Ga. St. B.J. 24 (1985). For note, "Venue in Multidefendant Civil Practice in Georgia," see 6 Ga. State U.L. Rev. 427 (1990).

JUDICIAL DECISIONS

O.C.G.A. § 9-10-34 applied where the collision which underlay plaintiff's complaint and the third-party complaint occurred prior to the effective date of the section but the lawsuit was filed after the effective date. Davis v. Betsill, 178 Ga. App. 730, 344 S.E.2d 525 (1986).

Cited in White Repair & Contracting Co. v. Oviedo, 188 Ga. App. 672, 373 S.E.2d 784 (1988).

PART 2 C HANGE OF VENUE

Cross references.

- Change of venue generally, Ga. Const. 1983, Art. VI, Sec. II, Para. VIII.

Transfer and change of venue, Uniform Rules for the Probate Courts, Rule 16.

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.