Saturday 4 April 2015

If the plaintive lives in Florida, defendant lives in Georgia and the incident at question happened in Alabama which state would the court p...

Question

If the plaintive lives in Florida, defendant lives in Georgia and the incident at question happened in Alabama which state would the court proceedings take place??



Answer

You don't clarify whether this is a personal injury action. The venue of the personal injury is the place where the court proceeding would take place. In some circumstances, the Plaintiff can choose a venue and the other side can agree if it is more convenient.



Answer

It depends. What type of case? Generally speaking, it could be brought where the cause of action arose, i.e., where the"incident" occurred (Alabama) or it could be brought where the Defendant lives (Georgia). If brought in Georgia, most likely Alabama substantive law would still apply regarding damages awardable, statute of limitations (i.e., time limit for filing suit), etc. However, the above is only general information. You need to consult an attorney with more details to get meaningful advice regarding the best option to pursue.



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