2022 Georgia Code
Title 9 - Civil Practice
Chapter 10 - Civil Practice and Procedure Generally
Article 2 - Venue
Part 1 - General Provisions
§ 9-10-31.1. Forums Outside This State; Waiver of Statute of Limitations Defense

1. If a court of this state, on written motion of a party, finds that in the interest of justice and for the convenience of the parties and witnesses a claim or action would be more properly heard in a forum outside this state or in a different county of proper venue within this state, the court shall decline to adjudicate the matter under the doctrine of forum non conveniens. As to a claim or action that would be more properly heard in a forum outside this state, the court shall dismiss the claim or action. As to a claim or action that would be more properly heard in a different county of proper venue within this state, the venue shall be transferred to the appropriate county. In determining whether to grant a motion to dismiss an action or to transfer venue under the doctrine of forum non conveniens, the court shall give consideration to the following factors:
   1. Relative ease of access to sources of proof;
   2. Availability and cost of compulsory process for attendance of unwilling witnesses;
   3. Possibility of viewing of the premises, if viewing would be appropriate to the action;
   4. Unnecessary expense or trouble to the defendant not necessary to the plaintiff’s own right to pursue his or her remedy;
   5. Administrative difficulties for the forum courts;
   6. Existence of local interests in deciding the case locally; and
   7. The traditional deference given to a plaintiff’s choice of forum.
2. A court may not dismiss a claim under this Code section until the defendant files with the court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff, all the defendants waive the right to assert a statute of limitations defense in all other states of the United States in which the claim was not barred by limitations at the time the claim was filed in this state as necessary to effect a tolling of the limitations periods in those states beginning on the date the claim was filed in this state and ending on the date the claim is dismissed.

History. Code 1981, § 9-10-31.1 , enacted by Ga. L. 2005, p. 1, § 2/SB 3.

Effective date. —

This Code section became effective February 16, 2005.

Editor’s notes.

Ga. L. 2005, p. 1, § 1, not codified by the General Assembly, provides: “The General Assembly finds that there presently exists a crisis affecting the provision and quality of health care services in this state. Hospitals and other health care providers in this state are having increasing difficulty in locating liability insurance and, when such hospitals and providers are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and a resulting adverse impact on the health and well-being of the citizens of this state. The General Assembly further finds that certain civil justice and health care regulatory reforms as provided in this Act will promote predictability and improvement in the provision of quality health care services and the resolution of health care liability claims and will thereby assist in promoting the provision of health care liability insurance by insurance providers. The General Assembly further finds that certain needed reforms affect not only health care liability claims but also other civil actions and accordingly provides such general reforms in this Act.”

Law reviews.

For article on 2005 enactment of this Code section, see 22 Ga. St. U.L. Rev. 221 (2005).

For annual survey of trial practice and procedure, see 57 Mercer L. Rev. 381 (2005).

For survey article on trial practice and procedure, see 59 Mercer L. Rev. 423 (2007).

For article, “Ten Insights Into Georgia’s Doctrine of Forum Non Conveniens,” see 14 Ga. St. B.J. 26 (2008).

For annual survey on trial practice and procedure, see 65 Mercer L. Rev. 277 (2013).