(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 defendant’s residence only if the Georgia resident defendant is a joint obligor, joint tort-feasor, joint promisor, copartner, or joint trespasser.
§ 9-10-31.Actions against certain codefendants residing in different counties; pleading requirements; application
Chapter 10. Civil Practice and Procedure Generally · Article 2. Venue · Last amended 2005 · Last verified July 17, 2026
In one sentenceGeorgia’s constitution lets a resident defendant be tried outside his home county only if he is a joint obligor, joint tortfeasor, joint promisor, copartner, or joint trespasser, and this section implements that by letting such joint defendants who live in different counties be sued together wherever one of them resides, subject to a nonresident medical-malpractice defendant’s right to force transfer and to transfer once all resident defendants are discharged from liability, whether before the verdict or by the verdict itself.
Full Text of § 9-10-31
(b) Subject to the provisions of Code Section 9-10-31.1, joint 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.
(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 defendant’s residence if the tortious act upon which the medical malpractice claim is based occurred in the county of that defendant’s residence.
(d) If all defendants who reside in the county in which an action is pending are discharged from liability before 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.
(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.
Plain-English Summary
Georgia’s constitution generally protects residents from being hauled into court outside their home county, with a narrow exception: a resident can be tried elsewhere if sued as a joint obligor, joint tortfeasor, joint promisor, copartner, or joint trespasser alongside others. This section builds the working rule on top of that exception, letting joint tortfeasors, obligors, promisors, contractors, or copartners who live in different counties be sued together in any county where one or more of them resides.
Medical malpractice cases get a special safety valve. If a nonresident defendant in a malpractice suit can show the tortious act happened in that defendant’s own county, that defendant can force the case to transfer there, rather than staying wherever a co-defendant’s residence put it.
Another safety valve kicks in when the case thins out. If every defendant who lived in the filing county is discharged from liability, either before the verdict or by the verdict itself, a nonresident defendant left standing can demand transfer to a county where venue would otherwise be proper, and if more than one county fits, the plaintiff picks among them. None of this changes the ordinary pleading rules for complaints and answers found elsewhere in the title.
Frequently Asked Questions
What kind of resident defendant can be sued outside his own county under the Georgia Constitution?
One who is a joint obligor, joint tort-feasor, joint promisor, copartner, or joint trespasser.
Where can joint tortfeasors or copartners who live in different counties be sued together?
In any county in which one or more of the defendants reside, subject to Code Section 9-10-31.1.
Can a nonresident medical malpractice defendant force the case to move?
Yes, if the tortious act underlying the claim occurred in that defendant’s county of residence, that defendant may require transfer of the case there.
What happens if all defendants who reside in the filing county are discharged from liability before the verdict or by the verdict itself?
A nonresident defendant may require transfer to a county and court where venue would otherwise be proper, no matter which of those two events discharges the resident defendants.
If venue would be proper in more than one county after that kind of transfer, who chooses the county?
The plaintiff may elect from among the counties in which venue is proper.
Amendment History
Orig. Code 1863, § 3315; Code 1868, § 3327; Code 1873, § 3404; Code 1882, § 3404; Civil Code 1895, § 4952; Civil Code 1910, § 5529; Code 1933, § 3-204; Ga. L. 1999, p. 734, § 1; Ga. L. 2001, p. 4, § 9; Ga. L. 2005, p. 1, § 2/SB 3.
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
Also known as: joint tortfeasor venue georgiasue multiple defendants different counties georgiageorgia constitution venue joint obligormedical malpractice venue transfer georgianonresident defendant venue transfer georgia