4. Discovery

Question 1

What is the scope of discovery in Georgia?

Answer 1

Includes all matters relevant to the subject matter involved in the pending action without the need to show good cause.

Question 2

Do parties in Georgia have an automatic duty to disclose certain information?

Answer 2

No, the Georgia Rules do not impose an automatic duty to disclose basic information without formal discovery requests.

Question 3

Who can issue a subpoena for a deposition in Georgia?

Answer 3

The clerk of the superior court where the action is pending or any court clerk in the county where the deposition will occur.

Question 4

What is required for an attorney to issue a subpoena in Georgia?

Answer 4

An agreement by the parties.

Question 5

What can a subpoena compel a deponent to do?

Answer 5

Provide, inspect, and copy relevant documents or tangible items related to the matter in the pending action.

Question 6

Under what circumstances can a court quash a subpoena?

Answer 6

If it is unreasonable or oppressive, or if the issuing party does not cover reasonable production costs.

Question 7

How long does a person served with a subpoena have to object?

Answer 7

10 days from service or before the compliance date if it’s less than 10 days after service.

Question 8

What is the reach of subpoena power in Georgia?

Answer 8

A deponent can be required to attend an examination in the county where:

1. they live, work, or conduct business;
2. where they are served; or
3. within 30 miles of the county seat where they reside or work.

Question 9

Is there a limit on the number of depositions that may be taken by a party in Georgia?

Answer 9

No limit is imposed, and no leave is required to take more than 10 depositions.

Question 10

When can a deposition be taken without leave of court in Georgia?

Answer 10

At any time within 30 days of service of summons and complaint unless there is reason to believe the witness will be unavailable.

Question 11

What limitation does Georgia not follow regarding the length of depositions?

Answer 11

The limitation of one day of 7 hours for the taking of a deposition.

Question 12

Under what conditions can Georgia allow the use of a witness’s deposition at trial?

Answer 12

If the witness is out of the county or if personal attendance is significantly inconvenient.

Question 13

How many interrogatories can be propounded in Georgia without leave of court?

Answer 13

50 interrogatories.

Question 14

What is the time limit for serving answers and objections to interrogatories in Georgia?

Answer 14

30 days for plaintiffs and 45 days for defendants after service of summons and complaint.

Question 15

What is the requirement for specificity in objections to interrogatories in Georgia?

Answer 15

Unlike FRCP 33, the Georgia rule does not require specificity.

Question 16

When can requests for production of documents be served in Georgia?

Answer 16

Anytime after commencement of the action.

Question 17

What must be served on all parties when a non-party produces information in response to a request?

Answer 17

A copy of the request.

Question 18

What happens if a non-party does not file objections within 10 days of a request?

Answer 18

The non-party must promptly comply with the requests.

Question 19

What is the time limit for responding to requests for admission in Georgia?

Answer 19

30 days for parties served with requests; 45 days for defendants after service of summons and complaint.

Question 20

What does Georgia’s rule say about physical or mental examinations?

Answer 20

The court may order a party to submit to a physical examination by a physician or a mental examination by a physician or licensed psychologist.

Question 21

What is the duty to supplement discovery responses in Georgia?

Answer 21

A party must seasonably supplement responses regarding identity and location of persons with knowledge and expert witnesses.

Question 22

Does Georgia require certification of good faith efforts before moving for a protective order?

Answer 22

No, Georgia does not require this certification.

Question 23

What is the limitation on expert discovery in Georgia?

Answer 23

Limited to issuing interrogatories to identify trial experts and deposing experts like any other witness.

Question 24

When can discovery from a non-testifying expert be permitted in Georgia?

Answer 24

If the expert performed a court-ordered exam or in exceptional circumstances.

Question 25

What is required when seeking discovery from a non-testifying expert?

Answer 25

The seeking party must pay a reasonable fee for their time and reimburse the other party for a fair share of expenses.