All actions seeking equitable relief shall be filed in the county of the residence of one of the defendants against whom substantial relief is prayed, except in cases of injunctions to stay pending proceedings, when the action may be filed in the county where the proceedings are pending, provided no relief is prayed as to matters not included in such litigation, and except in divorce cases, venue in which is governed by Article VI, Section II, Paragraph I of the Constitution of this state.
§ 9-10-30.Proceedings in equity generally; injunctions to stay pending litigation; divorce cases
Chapter 10. Civil Practice and Procedure Generally · Article 2. Venue · Last amended 1983 · Last verified July 17, 2026
In one sentenceActions seeking equitable relief must be filed in the county where a defendant against whom substantial relief is sought resides, except that injunctions staying a pending proceeding may be filed where that proceeding is pending, and divorce case venue instead follows the state constitution.
Full Text of § 9-10-30
Plain-English Summary
Equity cases — the kind seeking an injunction, specific performance, or similar relief rather than plain damages — follow their own venue rule. The general rule ties venue to residence: file in the county where one of the defendants against whom the plaintiff wants substantial relief lives.
There is a practical exception for injunctions meant to stay proceedings already underway elsewhere. Those can be filed in the county where the pending proceeding sits, as long as the plaintiff is not reaching for relief on matters outside that existing litigation. Divorce cases opt out of this section altogether — their venue runs off a specific constitutional provision instead of this statute.
Frequently Asked Questions
Where must an equity case generally be filed?
In the county of the residence of one of the defendants against whom substantial relief is prayed.
Is there an exception for injunctions staying other litigation?
Yes, an injunction to stay pending proceedings may be filed in the county where those proceedings are pending, as long as no relief is sought as to matters not included in that litigation.
Does this section govern venue in divorce cases?
No, divorce case venue is governed by Article VI, Section II, Paragraph I of the Georgia Constitution instead.
What defendant’s residence controls venue when there are multiple defendants?
The residence of one of the defendants against whom substantial relief is prayed.
Can a plaintiff use the pending-proceeding exception to seek relief on unrelated matters?
No, the exception applies only if no relief is prayed as to matters not included in the pending litigation.
Amendment History
Orig. Code 1863, § 4095; Code 1868, § 4124; Code 1873, § 4183; Code 1882, § 4183; Civil Code 1895, § 4950; Civil Code 1910, § 5527; Code 1933, § 3-202; Ga. L. 1962, p. 659, § 1; Ga. L. 1983, p. 3, § 48.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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