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Ga. Const. art. VI, § II | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE VI. JUDICIAL BRANCH

SECTION II. VENUE

Proposed amendment.

- Amendment of the Georgia Constitution proposed by Ga. L. 2018, p. 1130, § 1/HR 993, if ratified, would add Paragraph IX, to read as follows: " Venue of state-wide business court. All cases before the state-wide business court may conduct pretrial proceedings in any county as provided by law. Any trial of a case that is before the state-wide business court shall take place in the county as is otherwise prescribed by this section."

Law reviews.

- For article discussing 1976 to 1977 developments in the law of venue in Georgia, see 29 Mercer L. Rev. 265 (1977). For note discussing problems with venue in Georgia, and proposing statutory revisions to improve the resolution of venue questions, see 9 Ga. St. B.J. 254 (1972). For note, "Venue in Multidefendant Civil Practice in Georgia," see 6 Ga. State U.L. Rev. 427 (1990). For note, "Getting Personal With Our Neighbors - A Survey of Southern States' Exercise of General Jurisdiction and A Proposal for Extending Georgia's Long-Arm Statute," see 25 Ga. St. U.L. Rev. 1177 (2009). For note, "Tennessee v. FCC and the Clear Statement Rule," see 51 Ga. L. 947 (2017).

JUDICIAL DECISIONS

Venue will be determined as of the date of filing as long as service is subsequently perfected upon a defendant within a reasonable time period. Perry v. Perry, 245 Ga. 298, 264 S.E.2d 228 (1980).

Venue for partnerships.

- Venue in a suit against a limited partnership was improper in a county to which the limited partnership's sole connection was that the county was the residence of one of its limited partners. Nolan Rd. W., Ltd. v. PNC Realty Holding Corp., 274 Ga. 742, 559 S.E.2d 447 (2002).

Resort to a bill of peace does not enable a party to circumvent the initial requirement of venue as governed by the constitutional provisions of this section. Summit Ins. Co. v. Mulherin, 233 Ga. 606, 212 S.E.2d 788 (1975) (see Ga. Const. 1983, Art. VI, Sec. I, Para. X).

Venue in action where there is counterclaim, cross-claim, or third-party claim for interpleader is proper only in county of residence where one of claimants resides. Kelly v. Citizens & S. Nat'l Bank, 160 Ga. App. 405, 287 S.E.2d 343 (1981).

Interpleader does not effect change of provisions of state Constitution regarding venue of civil cases. Kelly v. Citizens & S. Nat'l Bank, 160 Ga. App. 405, 287 S.E.2d 343 (1981).

Permissive joinder of causes does not alleviate venue requirements.

- Statute such as former O.C.G.A. § 46-7-12 authorizing the permissive joinder of two causes of action did not obviate the necessity of compliance with the applicable constitutional venue requirements as to each; thus, if the claim asserted against the codefendants or third parties was essentially independent rather than one ancillary to the main action, it must satisfy within itself the constitutional venue requirements. Thomas v. Bobby Stevens Hauling Contractors, 165 Ga. App. 710, 302 S.E.2d 585 (1983).

RESEARCH REFERENCES

ALR.

- Place of holding sessions of trial court as affecting validity of its proceedings, 43 A.L.R. 1516; 18 A.L.R.3d 572.

Retroactive operation and effect of venue statute, 41 A.L.R.2d 798.

Place where claim or cause of action "arose" under state venue statute, 53 A.L.R.4th 1104.