Georgia § 9-10-34 - Action against third-party defendant.

§ 9-10-34. Action against third-party defendant.

As used in this Code section, the term: "Defending party" means a party to a civil action who is: A defendant who contends that a person or entity not a party to the action is or may be liable to the defendant for all or part of a plaintiff's claim against the defendant; A plaintiff who contends that a person or entity not a party to the action is or may be liable to the plaintiff for all or part of another party's claim against the plaintiff; or A third-party defendant who contends that a person or entity not a party to the action is or may be liable to the third-party defendant for all or part of a claim made in the action against the third-party defendant. "Third-party defendant" means any person or entity whom a defending party contends may be liable to the defending party for all or part of the claim made against the defending party in the action. The claim of a defending party against a third-party defendant may be tried in the county where the action in which the claim for which the third-party defendant may be wholly or partially liable to the defending party is pending; and such claim may be tried in such county even though the third-party defendant is not a resident of such county. The venue established under this Code section against a third-party defendant is dependent upon the venue over the defending party who brought the third-party defendant into the action, and if venue is lost over said defending party, whether through dismissal or otherwise, venue shall likewise be lost as to the third-party defendant. (Code 1981, § 9-10-34 , enacted by Ga. L. 1984, p. 1149, § 1; Ga. L. 1985, p. 149, § 9.) Third-party practice generally, § 9-11-14 . Cross references. - Constitutional authority for third-party venue provisions, Ga. Const. 1983, Art. VI, Sec. II, Para. VII. Law reviews. - For article, "Defending the Lawsuit: A First-Round Checklist," see 22 Ga. St. B.J. 24 (1985). For note, "Venue in Multidefendant Civil Practice in Georgia," see 6 Ga. State U.L. Rev. 427 (1990).