Georgia § 9-16-3 Jurisdiction

Georgia Statutes

§ 9-16-3 — Jurisdiction

(a)A civil forfeiture proceeding shall be filed by a state attorney in the name of the State of Georgia in any superior court of this state and may be brought:

(1)In the case of an in rem action, in the judicial circuit where the property is located;

(2)In the case of an in personam action, in the judicial circuit in which the defendant resides; or (3) By the state attorney having jurisdiction over any offense which arose out of the same conduct which made the property subject to forfeiture.

(b)If more than one state attorney has jurisdiction to file a civil forfeiture proceeding, the state attorney having primary jurisdiction over the conduct giving rise to the forfeiture shall, in the event of a conflict, have priority over any other state attorney.

(c)A civil forfeiture proceeding

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(a) A civil forfeiture proceeding shall be filed by a state attorney in the name of the State of Georgia in any superior court of this state and may be brought: (1) In the case of an in rem action, in the judicial circuit where the property is located; (2) In the case of an in personam action, in the judicial circuit in which the defendant resides; or (3) By the state attorney having jurisdiction over any offense which arose out of the same conduct which made the property subject to forfeiture. (b) If more than one state attorney has jurisdiction to file a civil forfeiture proceeding, the state attorney having primary jurisdiction over the conduct giving rise to the forfeiture shall, in the event of a conflict, have priority over any other state attorney. (c) A civil forfeiture proceeding may be compromised or settled in the same manner as other civil actions.

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