---
title: O.C.G.A. § 50-21-28. Venue of actions.
collection: code
id: 50-21-28
cite_as: O.C.G.A. § 50-21-28 (2025)
canonical_url: https://georgiacommons.org/code/50-21-28
md_url: https://georgiacommons.org/code/50-21-28.md
text_url: https://georgiacommons.org/code/50-21-28/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t50-ch13-40-(v38a)-2021-pdf.pdf?sfvrsn=1209d23f_0#page=459
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.
up: https://georgiacommons.org/code/50-21.md
previous: https://georgiacommons.org/code/50-21-27.md
next: https://georgiacommons.org/code/50-21-29.md
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: STATE GOVERNMENT / WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS / STATE TORT CLAIMS
---

# O.C.G.A. § 50-21-28. Venue of actions.

All tort actions against the state under this article shall be brought in the state or superior court of the county wherein the tort giving rise to the loss occurred; provided, however, that wrongful death actions may be brought in the county wherein the tort giving rise to the loss occurred or the county wherein the decedent died, and provided, further, that in any case in which an officer or employee of the state may be included as a defendant in his or her individual capacity, the action may be brought in the county of residence of such officer or employee. All actions against the state for losses sustained in any other state shall be brought in the county of residence of any officer or employee residing in this state upon whose actions or omissions the claim against the state is based.

## History

Code 1981, § 50-21-28, enacted by Ga. L. 1992, p. 1883, § 1; Ga. L. 2017, p. 628, § 1/SB 126.

## Editor's Notes

Ga. L. 2017, p. 628, § 2/SB 126, not codified by the General Assembly, provides that the amendment of this Code section shall apply only to causes of action filed on or after July 1, 2017.

## Law Reviews

For article, ‘‘Trial Practice and Procedure,’’ see 53 Mercer L. Rev. 475 (2001). For annual survey of administrative law, see 56 Mercer L. Rev. 31 (2004). For annual survey of tort law, see 68 Mercer L. Rev. 279 (2016). For annual survey on trial practice and procedure, see 69 Mercer L. Rev. 321 (2017).