Motion to Dismiss For Forum Non Conveniens in Georgia

What Is a Motion to Dismiss For Forum Non Conveniens?

Background

When a trial court considers such a motion to dismiss for forum non conveniens, it must apply the standard that appears in OCGA § 9–10–31.1(a), which states in relevant part:

“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 ... 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....” (Wang v. Liu (2013) 292 Ga. 568, 569 quoting OCGA § 9–10–31.1(a).)

General Information for Complaints and Motions

“In determining whether to grant a motion to dismiss an action ... under the doctrine of forum non conveniens, the court shall give consideration to the following factors:

Relative ease of access to sources of proof;
Availability and cost of compulsory process for attendance of unwilling witnesses;
Possibility of viewing of the premises, if viewing would be appropriate to the action;
Unnecessary expense or trouble to the defendant not necessary to the plaintiff's own right to pursue his or her remedy;
Administrative difficulties for the forum courts;
Existence of local interests in deciding the case locally; and
The traditional deference given to a plaintiff's choice of forum.

(Wang, supra, 292 Ga. at 569 quoting OCGA § 9–10–31.1(a).)

Standard of Review and Burdens of Proof

The Appellate Court will “review the trial court's decision to grant a motion to dismiss on the basis of forum non conveniens for abuse of discretion.” (Hawkins v. Blair (2015) 334 Ga. App. 898 citing Gowdy v. Schley (2012) 317 Ga.App. 693, 695(2); Collier v. Wehmeier (2011) 313 Ga.App. 421, 422.)

“[T]he discretion of the trial court is not without some limits, and when an appeal properly is taken from the grant or denial of a motion to dismiss under the doctrine of forum non conveniens, the appellant is entitled to meaningful appellate review, even if that review is only for an abuse of discretion.” (Wang v. Liu (2013) 292 Ga. 568, 570.)

“Considering the number, variety, and nature of the statutory factors that necessarily must inform the discretion of the trial court, meaningful appellate review is possible only if the record reflects in some way the thinking that led the trial court to exercise its discretion as it did.” (Id.)

The Court’s Decision

“There is no Georgia case on point, but generally under federal law the application of the doctrine of forum non conveniens is not seen as a defense subject to waiver.” (Wegman v. Wegman (2016) 338 Ga. App. 648, 654 citing Yavuz v. 61 MM, Ltd. (2009) 576 F.3d 1166, 1173 (II) (B) [10th Cir.] [“[F]orum non conveniens is a discretionary doctrine which is not waived by a party's failure to raise it in an initial responsive pleading. ... Under the doctrine of forum non conveniens, a court has the discretion to dismiss a case ‘even if jurisdiction and proper venue are established.’”)

“‘The application of the statutory standard to the peculiar circumstances of a particular case is a matter committed to the sound discretion of the trial court[,]’ and we review the trial court's decision for abuse of discretion.” (Woodard Events, LLC v. Coffee House Indus., Llc. (2017) 801 S.E.2d 322, 324 citing Wang v. Liu (2013) 292 Ga. 568, 569 (1), 740 S.E.2d 136.) “The trial court must ‘set out upon the record the essential reasoning that forms the basis for its exercise of discretion’ in deciding whether to grant a motion to dismiss for forum non conveniens.” (Id. at 570 (1).)

Documents for Motion to Dismiss For Forum Non Conveniens in Georgia

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HESS PAUL v AMERICAN INTL INDUSTRIES FOREIGN SUBPOENA document preview

BRIEF

125 pages

ID# 2024-0053477-CV 2 EFILED IN OFFICE CLERK OF SUPERIOR COURT COBB COUNTY, GEORGIA …