4. Discovery Flashcards
What is the scope of discovery in Georgia?
Includes all matters relevant to the subject matter involved in the pending action without the need to show good cause.
Do parties in Georgia have an automatic duty to disclose certain information?
No, the Georgia Rules do not impose an automatic duty to disclose basic information without formal discovery requests.
Who can issue a subpoena for a deposition in Georgia?
The clerk of the superior court where the action is pending or any court clerk in the county where the deposition will occur.
What is required for an attorney to issue a subpoena in Georgia?
An agreement by the parties.
What can a subpoena compel a deponent to do?
Provide, inspect, and copy relevant documents or tangible items related to the matter in the pending action.
Under what circumstances can a court quash a subpoena?
If it is unreasonable or oppressive, or if the issuing party does not cover reasonable production costs.
How long does a person served with a subpoena have to object?
10 days from service or before the compliance date if it’s less than 10 days after service.
What is the reach of subpoena power in Georgia?
A deponent can be required to attend an examination in the county where:
- they live, work, or conduct business;
- where they are served; or
- within 30 miles of the county seat where they reside or work.
Is there a limit on the number of depositions that may be taken by a party in Georgia?
No limit is imposed, and no leave is required to take more than 10 depositions.
When can a deposition be taken without leave of court in Georgia?
At any time within 30 days of service of summons and complaint unless there is reason to believe the witness will be unavailable.
What limitation does Georgia not follow regarding the length of depositions?
The limitation of one day of 7 hours for the taking of a deposition.
Under what conditions can Georgia allow the use of a witness’s deposition at trial?
If the witness is out of the county or if personal attendance is significantly inconvenient.
How many interrogatories can be propounded in Georgia without leave of court?
50 interrogatories.
What is the time limit for serving answers and objections to interrogatories in Georgia?
30 days for plaintiffs and 45 days for defendants after service of summons and complaint.
What is the requirement for specificity in objections to interrogatories in Georgia?
Unlike FRCP 33, the Georgia rule does not require specificity.
When can requests for production of documents be served in Georgia?
Anytime after commencement of the action.
What must be served on all parties when a non-party produces information in response to a request?
A copy of the request.
What happens if a non-party does not file objections within 10 days of a request?
The non-party must promptly comply with the requests.
What is the time limit for responding to requests for admission in Georgia?
30 days for parties served with requests; 45 days for defendants after service of summons and complaint.
What does Georgia’s rule say about physical or mental examinations?
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.
What is the duty to supplement discovery responses in Georgia?
A party must seasonably supplement responses regarding identity and location of persons with knowledge and expert witnesses.
Does Georgia require certification of good faith efforts before moving for a protective order?
No, Georgia does not require this certification.
What is the limitation on expert discovery in Georgia?
Limited to issuing interrogatories to identify trial experts and deposing experts like any other witness.
When can discovery from a non-testifying expert be permitted in Georgia?
If the expert performed a court-ordered exam or in exceptional circumstances.
What is required when seeking discovery from a non-testifying expert?
The seeking party must pay a reasonable fee for their time and reimburse the other party for a fair share of expenses.
