Chapter 10. Civil Practice and Procedure Generally · Article 2. Venue · Last amended 1985 · Last verified July 17, 2026
In one sentenceThis section defines defending party and third-party defendant and provides that a defending party’s claim against a third-party defendant may be tried in the county where the main action is pending regardless of the third-party defendant’s residence, though that venue is derivative and disappears if venue over the defending party who brought in the third party is lost.
(1)“Defending party” means a party to a civil action who is:
(A)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;
(B)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
(C)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.
(b)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.
(c)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.
Plain-English Summary
Third-party practice lets someone already in a lawsuit pull in an outsider who might owe for the claim. This section defines who qualifies: a defending party is a defendant pointing to an outside person as liable for the plaintiff’s claim, a plaintiff pointing to an outside person as liable for another party’s claim against the plaintiff, or a third-party defendant pointing to yet another outside person as liable for a claim made against that third-party defendant. Whoever gets pulled in that way is the third-party defendant.
Once that relationship exists, venue for the third-party claim follows the main case rather than the third-party defendant’s home address. The claim can be tried in the county where the original action is pending, even if the third-party defendant lives somewhere else entirely.
That convenience comes with a string attached: the venue over the third-party defendant is only as solid as the venue over the defending party who brought them in. If venue over the defending party disappears, through dismissal or any other reason, the venue over the third-party defendant disappears right along with it.
Frequently Asked Questions
Who qualifies as a defending party under this section?
A defendant claiming an outsider may be liable for the plaintiff’s claim, a plaintiff claiming an outsider may be liable for another party’s claim against the plaintiff, or a third-party defendant claiming an outsider may be liable for a claim made against that third-party defendant.
What is a third-party defendant?
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.
Where can a claim against a third-party defendant be tried?
In the county where the action in which the third-party defendant may be liable is pending, even if the third-party defendant is not a resident of that county.
Does the third-party defendant’s own residence matter for venue?
No, the claim may be tried in the county of the pending action even though the third-party defendant is not a resident of that county.
What happens to venue over the third-party defendant if venue over the defending party is lost?
Venue is likewise lost as to the third-party defendant, whether the loss of venue over the defending party happened through dismissal or otherwise.
Amendment History
Code 1981, § 9-10-34, enacted by Ga. L. 1984, p. 1149, § 1; Ga. L. 1985, p. 149, § 9.
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:third party defendant venue georgiaimpleader venue rule georgiadefending party definition georgia codethird party practice venue georgia civil case