(a) Whenever, by an examination voir dire of the persons whose names are on the jury list and who are compellable to serve on the jury, the presiding judge is satisfied that an impartial jury cannot be obtained in the county where any civil case is pending, the civil case may be transferred to any county that may be agreed upon by the parties or their counsel.
§ 9-10-50.When venue may be changed; how county for transfer to be selected; subsequent change of venue
Chapter 10. Civil Practice and Procedure Generally · Article 2. Venue · Last amended 1933 · Last verified July 17, 2026
In one sentenceIf voir dire satisfies the presiding judge that an impartial jury cannot be seated in the county where a civil case is pending, the case may be transferred to a county the parties agree on, or, absent agreement, to a county the judge selects, and a case already transferred once can be transferred again the same way.
Full Text of § 9-10-50
(b) In the event the parties or their counsel fail or refuse to agree upon any county in which to try the case pending, the judge may select the county in which the same shall be tried and have the case transferred accordingly.
(c) When any civil case has been once transferred, the judge may again change the venue from the county to which the transfer was first made to any other county, in the same manner as the venue was first changed from the county in which the civil case was originally commenced.
Plain-English Summary
Sometimes local sentiment makes it impossible to seat a fair jury. This section gives a judge a way out: after questioning prospective jurors on voir dire and concluding an impartial jury cannot be found in the county where the case is pending, the judge can move the case to another county.
Who picks the new county depends on whether the parties can agree. If the parties or their lawyers settle on a county together, the case goes there. If they cannot or will not agree, the judge picks the destination and transfers the case there directly.
The process is not limited to a single move. If a case has already been transferred once, the judge can change venue again, from the first transfer county to some other county, following the same procedure used for the original change.
Frequently Asked Questions
What must the judge find before transferring venue under this section?
Through examination on voir dire of persons on the jury list who are compellable to serve, the judge must be satisfied that an impartial jury cannot be obtained in the county where the case is pending.
Who chooses the county the case is transferred to?
The parties or their counsel may agree on the county; if they fail or refuse to agree, the judge selects the county.
Can a case be transferred more than once?
Yes, once a case has been transferred, the judge may again change venue from that county to another county, following the same procedure as the first change.
What triggers this kind of venue change?
The inability to obtain an impartial jury in the county where the case is currently pending, as determined through voir dire.
Does this section apply to civil cases specifically?
Yes, it applies whenever any civil case is pending and an impartial jury cannot be obtained there.
Amendment History
Ga. L. 1884-85, p. 35, § 1; Civil Code 1895, §§ 4955, 4956; Civil Code 1910, §§ 5532, 5533; Code 1933, §§ 3-207, 3-208.
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: change of venue impartial jury georgiatransfer civil case new county georgiavoir dire change of venue georgiageorgia civil case venue transfer procedure