Title 9, Chapter 10, Section 31
(a) Joint or joint and several tort-feasors, obligors, or promisors,
or joint contractors or copartners, residing in different counties,
may be subject to an action as such in the same action in any county
in which one or more of the defendants reside. If, however, the
court determines prior to the commencement of trial that:
(1) The plaintiff has brought the action in bad faith against all
defendants residing in the county in which the action is brought;
(2) As a matter of law, no defendant residing in the county in
which the action is brought is a proper party,
the action shall be transferred to the county and court which the
plaintiff elects in which venue is proper. The burden of proof on
the issue of venue shall be on the party claiming improper venue by
a preponderance of evidence.
(b) If all defendants who reside in the county in which an action is
pending are discharged from liability before the commencement of
trial, a nonresident defendant may require that the case be
transferred to a county and court in which venue would otherwise be
proper. If venue would be proper in more than one county, the
plaintiff may elect from among the counties in which venue is proper
the county and the court in which the action shall proceed.
(c) If all defendants who reside in the county in which the action
is pending are discharged from liability after the commencement of
trial, the case may be transferred to a county and court in which
venue would otherwise lie only if all parties consent to such
(d) For purposes of this Code section, trial shall be deemed to have
commenced upon the jury being sworn or, in the instance of a trial
without a jury, upon the first witness being sworn.
(e) Nothing in this Code section shall be deemed to alter or amend
the pleading requirements of Chapter 11 of this title relating to
the filing of complaints or answers.
(f) This Code section shall apply to actions filed on or after July