2022 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 12 - Actions Against Nonresident Motorists
§ 40-12-3. Venue of Actions Against Nonresidents; Nonresident Joint Defendant

All actions brought under this chapter relating to the use of the highways of this state by nonresident motorists shall be brought in the county in which the accident or injury occurred or the cause of action originated, or in the county of the residence of the plaintiff, as the plaintiff in such action may elect, if the plaintiff in such action is a resident of the State of Georgia; and, if the plaintiff in such action is a nonresident of the State of Georgia, the action shall be brought in the county in this state in which the accident or injury occurred or the cause of action originated; and the courts in such counties having jurisdiction of tort actions shall have jurisdiction of all such nonresident users in actions arising under this chapter. Where an action for damages is brought against a resident of this state, any nonresident involved in the same accident or collision and who is suable under this chapter may be joined as a defendant in the county wherein the resident defendant is suable, and the jurisdiction of the court of and over such nonresident joint defendant shall not be affected or lost by reason of the fact that the jury returns a verdict in favor of such resident joint defendant although the accident, injury, or cause of action did not originate in the county wherein the action is brought.

History. Ga. L. 1937, p. 732, § 3; Ga. L. 1947, p. 305, § 2; Ga. L. 1955, p. 650, § 1; Ga. L. 1959, p. 120, § 1.

Law reviews.

For article discussing aspects of third party practice (impleader) under the Georgia Civil Practice Act, see 4 Ga. St. B.J. 355 (1968).

For article summarizing law relating to jurisdiction and venue over domestic and foreign corporations in Georgia, and service therein, see 21 Mercer L. Rev. 457 (1970).

For note discussing problems with venue in Georgia, and proposing statutory revisions to improve the resolution of venue questions, see 9 Ga. St. B.J. 254 (1972).

For article, “Foreign Corporations in Georgia,” see 10 Ga. St. B.J. 243 (1973).

For comment on World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 100 S. Ct. 559 , 62 L. Ed. 2 d 490 (1980) and Rush v. Savchuk, 444 U.S. 320, 100 S. Ct. 571 , 62 L. Ed. 2 d 516 (1980), regarding minimum contacts and state jurisdiction, see 15 Ga. L. Rev. 19 (1980).

For comment, “Jurisdiction over Nonresidents in Georgia: Crowder v. Ginn,” see 17 Ga. L. Rev. 201 (1982).

For article surveying trial practice and procedure, see 34 Mercer L. Rev. 299 (1982).