---
title: O.C.G.A. § 38-2-271. Change of venue for persons indicted or subjected to civil action for performance of military duty.
collection: code
id: 38-2-271
cite_as: O.C.G.A. § 38-2-271 (2025)
canonical_url: https://georgiacommons.org/code/38-2-271
md_url: https://georgiacommons.org/code/38-2-271.md
text_url: https://georgiacommons.org/code/38-2-271/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t37-t39-(v28)-2021-pdf.pdf?sfvrsn=c6b9c518_0#page=423
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS / MILITARY AFFAIRS / PERSONNEL / RIGHTS, PRIVILEGES, AND PROHIBITIONS
---

# O.C.G.A. § 38-2-271. Change of venue for persons indicted or subjected to civil action for performance of military duty.

Any civil officer, officer, or member of the militia or any person lawfully aiding him in the performance of any military duty required under this chapter, if subjected to a criminal charge or civil action for any crime or trespass or for injury to person or property which occurred while endeavoring to perform such duty, shall have the right, and it is made the duty of the court in which the indictment, accusation, or action is pending upon the application of any person thus defending, to transfer the trial of the indictment, accusation, or action to some county other than that in which the indictment or accusation was found or the injury done. The transfer shall be made to any county that may be agreed upon by the prosecuting attorney and the defendant or his counsel in case of a criminal charge or by the parties and their counsel in case of a civil action. If a county is not thus agreed upon, the judge shall select a county as in his judgment will afford a fair and impartial jury to try the case and have it transferred accordingly.

## History

Ga. L. 1916, p. 158, § 3; Code 1933, § 86-1404; Ga. L. 1951, p. 311, § 24; Ga. L. 1955, p. 10, § 79; Ga. L. 1982, p. 3, § 38.

## Cross References

Change of venue generally, Ga. Const. 1983, Art. VI, Sec. II, Para. VII. Change of venue in civil actions, § 9-10-50 et seq. Change of venue in criminal actions, § 17-7-150.