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Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 10. CIVIL PRACTICE AND PROCEDURE GENERALLY · Article 2. VENUE · Part 1. GENERAL PROVISIONS

9-10-34. Action against third-party defendant.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    As used in this Code section, the term:#

    1. (1)

      “Defending party” means a party to a civil action who is:#

      1. (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;#

      2. (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#

      3. (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. (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.#

  2. (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.#

  3. (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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 9-10-34, enacted by Ga. L. 1984, p. 1149, § 1; Ga. L. 1985, p. 149, § 9.

Cross references

Constitutional authority for third-party venue provisions, Ga. Const. 1983,Art. VI, Sec. II, Para. VII. Third-party practice generally, § 9-11-14.

Law reviews

For article, “Defending the Lawsuit: A First-Round Checklist,” see 22 Ga. St. B.J. 24 (1985). For note, “Venue in Multidefendant Civil Practice in Georgia,” see 6 Ga. State U.L. Rev. 427 (1990).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t9-ch1-10-(v6)-2023-pdf.pdf, Volume V6, 2023 edition, page 757; merge action: carried; file SHA-256 ea8a520ad52f.