Discovery

Question 1

When is material discoverable?

Answer 1

(1) the method of discovery must be proper; and (2) the material must be within the scope of discovery.

Question 2

What are the methods of discovery in GA?

Answer 2

Same as federal rules, except 6 things:

No automatic prompt disclosure in GA

Can get documents from nonparties w/o subpoena

Responses due in 30 days; 20 days for medical records

Entitled to 50 interrogatories, not 25

Examinations only from licensed physician/psychologists

For pretrial disclosure of Experts, can serve interrogatory for disclosure of experts and opinion

Work Product: can never be an attorney’s mental impression. Other WP needs showing of substantial need and undue hardship w/o WP

Question 3

What is within the scope of discovery?

Answer 3

material that is relevant and not privileged

Question 4

Can you discover communications involving healthcare providers?

Answer 4

Yes, with an exception. Georgia has a virtually absolute privilege governing psychiatrist-patient communications and AIDS-related communications.