Staff Analysis of the Legislation
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HB 171 amends O.C.G.A. Part 1 of Article 2 of Chapter 10 of Title 9, relating to judicial forums outside of the state. When considering if a claim or action would be more properly heard in a forum outside of this state, the court is given deference, and not required to dismiss the claim or action. When considering whether to dismiss an action or transfer venue under
forum non conveniens, the court is to consider if the forum outside of this
state provides for impartial tribunals and procedures that are consonant to the
requirements of due process of law as required by the Constitutions of the
United States and the State of Georgia. The court shall not dismiss a claim
until the defendant files a written stipulation waiving the right to assert a
statute of limitations defense. |
