§ 9-10-31.1.Forums outside this state; waiver of statute of limitations defense

Chapter 10. Civil Practice and Procedure Generally · Article 2. Venue · Last amended 2005 · Last verified July 17, 2026

In one sentenceOn a party’s written motion, a Georgia court must dismiss a claim better heard outside the state, or transfer it to a better county within the state, applying seven listed convenience-and-fairness factors, but it cannot dismiss an out-of-state claim until the defendants file a written stipulation waiving statute-of-limitations defenses elsewhere for the period the case was pending in Georgia.

Full Text of § 9-10-31.1

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(a) 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.

(b) 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.

End

Plain-English Summary

Forum non conveniens lets a court say, in effect, that a case belongs somewhere else. This section codifies that doctrine for Georgia courts: on written motion, if the interest of justice and the convenience of parties and witnesses point toward a different forum, the court has to decline to hear the case. If that better forum sits outside Georgia, the court dismisses the claim; if it sits in a different Georgia county, the court transfers venue there instead.

Seven factors guide the analysis: how easy it is to reach the proof, whether unwilling witnesses can be compelled to attend and at what cost, whether viewing the premises would be useful, whether keeping the case here creates unnecessary expense or trouble for the defendant beyond what the plaintiff needs to pursue the remedy, the administrative strain that keeping the case would place on the current forum court, whether the community has a local stake in the outcome, and the traditional deference courts give a plaintiff’s choice of forum.

Dismissal for an out-of-state forum comes with a built-in safeguard for the plaintiff. Before the court can dismiss, the defendants have to file a written stipulation waiving any statute-of-limitations defense in every other state where the claim was not already time-barred when it was filed in Georgia — a waiver that tolls those other states’ limitations periods for as long as the case was pending here.

Frequently Asked Questions

What must a Georgia court do if a claim would be more properly heard outside the state?

On written motion, the court must decline to adjudicate the matter under forum non conveniens and dismiss the claim or action.

What happens instead if the better forum is a different Georgia county?

The venue shall be transferred to the appropriate county rather than the case being dismissed.

What factors does the court weigh in deciding a forum non conveniens motion?

Ease of access to proof, availability and cost of compulsory process for unwilling witnesses, the possibility of viewing the premises, unnecessary expense or trouble to the defendant, administrative difficulties for the courts, local interest in deciding the case, and the traditional deference given to the plaintiff’s choice of forum.

What must happen before a court can dismiss a claim in favor of an out-of-state forum?

The defendants must file a written stipulation waiving the right to assert a statute-of-limitations defense in other states where the claim was not already time-barred when filed in Georgia.

What does that stipulation accomplish for the plaintiff?

It tolls the limitations periods in those other states starting on the date the claim was filed in Georgia and ending on the date it is dismissed.

Amendment History

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

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission. Last verified July 17, 2026. · Official source

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