Georgia Civ Pro 1. Personal Jurisdiction (PJ) = Sovereign has some basis to exercise power over D.

(Test if it satisfies a statute, and if it satisfies due process) a. In personam = power over D personally for living in, being present in, or doing something in the forum. i. Statutory bases (General Jursdiction need not relate to events giving rise to the claim, Specific Jurisdiction must relate to events giving rise to the claim) 1. Presence in GA when served with Process. (cant force or trick, and cant serve when participating in other litigation.) General Jdx. 2. Domicile in GA when served with process. (General Jdx.) 3. Incorporation in GA or Authorized to Transact Business in GA. (foreign corp authorized is considered resident of GA., General Jdx,) 4. Consent = Defendant may consent by K, or by failing to timely object. 5. GA Long Arm Statute = Suit against nonresidents based on their contacts in GA. (Only for nonresidents, including nonresident when claim arose AND when Claim was filed.) Specific Jdx. (relates to or gives rise to the claim) GA Contacts: a. Transacts business in GA. (office in GA, negotiating, signing, or undertaking to perform K in GA, placing goods into stream of commerce in GA.) Doesnt need physical presence in GA. (but must be targeted at GA.) b. Tortious Act or Omission (minus Defamation) in GA. i. Both act AND injury must occur in GA. Doesnt cover injury only in GA. c. Tortious act or omission out of state that injures plaintiff in GA. i. Limited to persistent course of conduct in GA, or derives substantial revenues from goods consumed here. d. Owns, uses or possess real property in GA. e. Domestic Relations = had matrimonial domicile here when case is filed or resided here before commencement of the case, can be sued for alimony, child support, or division of property in divorce. 6. Nonresident Motorist Act = suit against nonresident who has motor vehicle accident in GA. (nonresident when claim arose. Doesnt include resident who moved after claim arose becoming nonresident at time of filing.) Specific Jdx for claims arising from any accident or collision of nonresidents use or ownership of a motor vehicle in GA.

ii. Constitutional Standard (International Shoe) Due process Test 1. Does D have such minimum contacts with the forum so that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice. a. Minimum Contact=some tie between forum and D. i. Purposeful availment: contact must result from purposeful, voluntary act toward forum ii. Foreseeability: Making it foreseeable that D could get sued in this forum. b. Fairness and Reasonableness i. Relatedness between contact and claim. (especially important if small amount of contact with forum.) ii. Convenience = forum OK unless gravely inconvenient and puts D at severe disadvantage. iii. States interest = provide forum for citizens b. In Rem and Quasi in Rem i. Statutory basis = power over a persons property (An attachment statute) ii. Constitutional test = Mere presence of property does not satisfy constitutional basis, it is a contact but the property NEEDS TO RELATE TO THE DISPUTE. 1. Related = e.g., Regarding ownership of land, etc. 2. Unrelated = e.g., breach of K on claim unrelated to the land. 2. Subject Matter Jurisdiction = types of cases that can be brought in a given court. (3 trial courts for basic civil actions) a. Superior Court (every county has one) i. Exclusive Jurisdiction over; Felony criminal cases, Divorce, Suits seeking affirmative equitable relief, AND cases affecting title to land. ii. Other original jurisdiction over ANY OTHER CIVIL CASES, except those involving specialized subject matter with exclusive jdx vested elsewhere. (Probate court, juvenile court). b. State Court (62 most populous counties have them) i. All except those that are exclusive to superior court. c. Magistrate Court (in each county). i. Can hear any case state court could hear with amount in controversy not over $15,000. ii. No juries, Civil practice act doesnt apply, there is a CUMPULSORY COUNTER CLAIM RULE. d. Case filed in the wrong court will be transferred to the correct court. 3. Venue = Where to lay suit. a. Local Actions = Involve title to land, (decree of title and writ of possession and ejectment) Venue laid where the land, or part thereof, lies.

i. Must be asserting own title to realty, not relying on equity to perfect title. Suing to establish or gain title is not local. Lease is NOT an action involving title to land. b. Transitory Actions (Any that are not local actions) i. When D is GA resident. 1. Suit must be tried in the county where D resides at the time action is commenced. (Enshrined in the GA constitution.) 2. Exception: Multiple Defendants and Joint Liability = if against joint obligors, joint trespassers, joint promisors, joint tortfeasors or copartners, venue ok in county where any reside (also in GA C*)(Must be all residents of GA) 3. Exception: Makers and endorsers of Notes = if against both maker and endorser, both GA residents, venue where Maker resides. 4. Exception: Affirmative Equitable Relief = All GA residents, venue where D against whom substantial relief is sought.