Georgia  |  Insurance Law

Legal Question

Asked on: 7/03/13, 9:11 pm

Proving residency in an at fault accident, what are the repercussions?

1 Answer

Answered on: 7/04/13, 9:25 am by Ronald Arthur Lowry

Talk about a hyper-technicality! Residency of the defendant determines the jurisdiction where the lawsuit must be filed in Georgia. Assuming the question is about whether the plaintiff has to prove the defendant's county of residence at trial, such is usually not the case because in the plaintiff's written complaint filed with the court in a civil case there is always an allegation that the defendant is a resident of such and such county. That allegation is usually admitted if true in the defendant's written answer filed with the court. If, however, the plaintiff alleged the wrong county of defendant's residence resulting in a denial of that paragraph, or if that paragraph on residency were omitted, then the plaintiff would need to prove residency of the defendant at trial. That is accomplished by asking the simple question: "In what county do you live?" Failing to prove residency of the defendant in the county where the court is located either by admission or testimony causes a failure of proof of an essential element of the case (jurisdiction and venue) and any verdict in that case would be defective. I have never seen or even heard of this occurring as it is so basic.

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Ronald Arthur Lowry P.O.Box 3005 Marietta, GA 30061

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