procedural guides

Deposition Notice in Georgia Superior Court – At A Glance

Use this At A Glance Guide to learn the Georgia Code related to deposition notice in Georgia Superior Court. For more detailed information, please see the SmartRules Deposition Notice Guide for the court where your action is pending.

A deposition may relate to any unprivileged matter relevant to the subject matter of the pending action and relating to a claim or defense of any party. O.C.G.A. 9-11-26(b)(1).

A discovery request is permissible even if the information sought would be inadmissible at trial, as long as the information sought appears reasonably calculated to lead to the discovery of admissible evidence. O.C.G.A. 9-11-26(b)(1).

A party may discover the existence and contents of any insurance agreement under which any person providing insurance might be required to satisfy all or part of any judgment entered in the action, or to indemnify or reimburse for payment of such judgment. O.C.G.A. 9-11-26(b)(2).

A party who has responded to an discovery request with a response that was complete when made has no duty to supplement his response, except if:

1. The discovery request concerns the identity and location of persons having knowledge of discoverable matters;

2. The discovery request concerns the identity of persons likely to be called as experts at trial, the subject matter on which he is expected to testify, and the substance of his testimony;

3. The party later learns that the response was incorrect when made; or

4. The party learns that the statement is no longer true, and his failure to amend the response would amount to a knowing concealment. O.C.G.A. 9-11-26(e)(1); O.C.G.A. 9-11-26(e)(2).

A duty to supplement responses may be imposed by:

1. Order of the court;

2. Agreement of the parties; or

3. New requests for supplementation of prior responses. O.C.G.A. 9-11-26(e)(3).

Unless otherwise ordered by the court, the frequency of use of permissible discovery methods is unlimited. O.C.G.A. 9-11-26(a).

The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.