C2 Jurisdiction and Venue

C2. JURISDICTION AND VENUE

C2.1 Jurisdiction: OCGA 17-2-11

Following apply if either Defendant or one for whose conduct he/she is legally accountable (i.e., party to crime, co-defendant, co-conspirator) commits criminal acts while either in or outside of Georgia, if:

A. crime committed wholly or partly in Georgia;

B. conduct outside Georgia is an attempt to commit a crime in Georgia;

OR

C. conduct in Georgia is an attempt to commit a crime in another jurisdiction (the crime must be a crime in both jurisdictions).

C2.2 Venue: [OCGA 17-2-2]

I. VENUE IN CIVIL CASES

A. Civil cases shall be tried in the county where the defendant resides [GA. CONST. ART. VI, § 2, ¶ 6].

B. Venue as to corporations, foreign and deomestic shall be as provided by law. [GA. CONST. ART. VI, § 2, ¶ 6].

C. Venue Selection Clauses:

a. Held invalid and contrary to public policy where both parties are residents of Georgia, all acts giving rise to the action occurred in Georgia and the case is an "intrastate conflict". Huddle House, Inc. v. Paragon Goods, Inc., 263 Ga. App. 382, 587 S.E.2d 845 (2003).

b. Held valid and enforceable where no Georgia law specifically governs venue and where more than one state and its citizens are involved unless enforcement is show by the resisting party to be unreasonable under the circumstances. Brinson v. Martin, 220 Ga. App. 639, 469 S.E.2d 537 (1996).

D. Waiver of venue or jurisdiction: Objection to venue or jurisdiction must be raised at the time of filing an answer or are waived. Even if waived, Court may transfer to another Georgia court...

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