---
title: O.C.G.A. § 9-10-34. Action against third-party defendant.
collection: code
id: 9-10-34
cite_as: O.C.G.A. § 9-10-34 (2025)
canonical_url: https://georgiacommons.org/code/9-10-34
md_url: https://georgiacommons.org/code/9-10-34.md
text_url: https://georgiacommons.org/code/9-10-34/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t9-ch1-10-(v6)-2023-pdf.pdf?sfvrsn=f3cabc45_0#page=757
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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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CIVIL PRACTICE / CIVIL PRACTICE AND PROCEDURE GENERALLY / VENUE / GENERAL PROVISIONS
---

# O.C.G.A. § 9-10-34. Action against third-party defendant.

(a) As used in this Code section, the term:

(1) “Defending party” means a party to a civil action who is:

(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;

(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

(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) “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.

(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.

(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.

## 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).