4. Discovery COPY Flashcards
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?
A subpoena for a deposition may be issued, upon request, by 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.
