Ga. Unif. R. Mag. Ct. 35

As amended through October 9, 2024
Rule 35 - Objections to Process, Jurisdiction or Venue

Objections to sufficiency of process, service of process, personal jurisdiction or venue must be raised at the time of filing the answer or are waived. Where a valid objection to personal jurisdiction or venue was not raised when the answer was filed and thus is waived, the court may nevertheless in the interest of justice transfer the case to another Georgia court having jurisdiction if the present court is an inconvenient forum and the transfer would not unduly prejudice the opposing party. Objections to subject matter jurisdiction are never waived.

No special formula shall be required to raise an issue of jurisdiction or venue. In addition to answers explicitly raising the issue of lack of jurisdiction or venue, any motion to transfer or answer stating that the action was filed in the wrong court or asking that the case be transferred to another court, or words to that effect, shall be sufficient to raise an objection to jurisdiction or venue.

Ga. Unif. R. Mag. Ct. 35

Adopted effective October 28, 1993.