In all actions brought by one county against another county in the defending county, the judge shall change the venue to a county adjoining the one in which the action is brought, on the motion of the plaintiff, supported by the oath of the chairman or presiding official of the county governing authority of the county bringing the action, that in his opinion a fair and impartial trial cannot be had in the county in which the action is brought.
§ 9-10-51.Change of venue in action by county against county
Chapter 10. Civil Practice and Procedure Generally · Article 2. Venue · Last amended 1933 · Last verified July 17, 2026
In one sentenceIn a lawsuit by one county against another, the judge must transfer venue to a county adjoining the defending county whenever the plaintiff county moves for transfer and its governing authority’s chairman or presiding official swears under oath that a fair and impartial trial cannot be had in the defending county.
Full Text of § 9-10-51
Plain-English Summary
When one county sues another, this section gives the plaintiff county a mandatory route around a hometown-advantage problem. If the case is filed in the defending county, the natural venue for a suit against that county, the plaintiff county can move to have it moved elsewhere.
The mechanism requires more than a bare request. The chairman or presiding official of the plaintiff county’s governing authority has to swear, under oath, that a fair and impartial trial is not achievable in the defending county. Once that motion and oath are in, the judge does not have discretion to refuse — the statute directs the judge to change venue, and the destination is a county adjoining the one where the action was originally brought.
Frequently Asked Questions
When does this section apply?
In actions brought by one county against another county, filed in the defending county.
Who must the transfer motion come from?
The plaintiff county, supported by the oath of the chairman or presiding official of that county’s governing authority.
What must the sworn oath say?
That, in the affiant’s opinion, a fair and impartial trial cannot be had in the county in which the action is brought.
Where does the case get transferred to?
A county adjoining the one in which the action was brought.
Is the judge required to grant the transfer once the motion and oath are filed?
Yes, the statute directs the judge to change the venue upon the plaintiff’s motion supported by the required oath.
Amendment History
Ga. L. 1898, p. 88, § 1; Civil Code 1910, § 5537; Code 1933, § 3-212.
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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