Use this At A Glance Guide to learn the Georgia Code related to amended answer in Georgia Superior Court. For more detailed information, please see the SmartRules Response to Request for Production Guide for the court where your action is pending.

Discovery requests 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).

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

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).

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.

Use this At A Glance Guide to learn the Virginia Supreme Court Rules related to Motion for Protective Order in Virginia Circuit Courts. For more detailed information, please see the SmartRules Response to Request for Production Guide for the court where your action is pending.

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on his behalf, to inspect, copy, test, or sample any designated documents or electronically stored information (including writings, drawings, graphs, charts, photographs, and other data or data compilations stored in any medium from which information can be obtained, translated, if necessary, by the respondent into reasonably usable form), or to inspect, copy, test, or sample any designated tangible things which constitute or contain matters within the scope of Rule 4:1(b) and which are in the possession, custody, or control of the party upon whom the request is served; or (2) to produce any such documents or electronically stored information to the court in which the proceeding is pending at the time of trial; or (3) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 4:1(b). V.S.C.R. 4:9(a)(eff 1/1/09).

The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, period and manner of making the inspection and performing the related acts. The request may specify the form or forms in which electronically stored information is to be produced. V.S.C.R. 4:9(b)(i)(eff 1/1/09).

As a matter of custom and practice, the same caption format used for court-filed documents is used for requests for production.

The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, including an objection to the requested form or forms for producing electronically stored information, stating the reasons for the objection. If objection is made to part of an item or category, the part shall be specified and production shall be permitted as to the remaining parts. If objection is made to the requested form or forms for producing electronically stored information or if no form was specified in the request the responding party must state the form or forms it intends to use. V.S.C.R. 4:9(b)(ii)(eff 1/1/09).

A party who produces documents for inspection either shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request. V.S.C.R. 4:9(b)(iii)(A)(eff 1/1/09).

Responses to a request for production of electronically stored information shall be subject to the provisions of Rules 4:1(b)(7) and 4:1(b)(8). If a request does not specify the form or forms for producing electronically stored information, or if a responding party objects to the requested form or forms of production, a responding party must produce the information as it is ordinarily maintained if it is reasonably usable in such form or forms, or must produce the information in another form or forms in which it is reasonably usable. A party need not produce the same electronically stored information in more than one form. V.S.C.R. 4:9(b)(iii)(B)(eff 1/1/09).

Production of documents and electronic records sought in Virginia pursuant to a subpoena issued under the authority of a foreign jurisdiction shall be subject to the provisions of the Uniform Interstate Depositions and Discovery Act, Virginia Code 8.01-412.8 through 8.01-412.15. V.S.C.R. 4:9(b)(iv)(eff 7/1/09).

No request to produce shall be served, and no subpoena shall issue, until prior order of the court is obtained when the party upon whom the request is to be served or the person to whom the subpoena is to be directed is the Governor, Lieutenant Governor, or Attorney General of this Commonwealth, or a judge of any court thereof; the President or Vice President of the United States; any member of the President’s Cabinet; any Ambassador or Consul; or any Military Officer on active duty holding the rank of Admiral or General. V.S.C.R. 4:9(c-1).

Patient health records protected by the privacy provisions of Code Section 32.1-127.1:03 shall be disclosed only in accordance with the provisions and procedures prescribed by that statute. V.S.C.R. 4:9(c-2).

If a party fails or refuses to obey an order made under section (b) of this Rule, the court may proceed as provided by Rule 4:12(b)(2). V.S.C.R. 4:9(c)(renumbered eff 1/1/09).

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.

Use this “At A Glance Guide” to learn the Florida Rules of Civil Procedure applicable to amended answer in Florida Circuit Courts. For more detailed information, please see the SmartRules Response to Request for Production guides for the court where your action is pending.

“For each item or category the response shall state that inspection and related activities will be permitted as requested unless the request is objected to, in which event the reasons for the objection is made to part of an item or category, the part shall be specified.” Fla. R. Civ. P. 1.350(b).
Compliance with Request

The producing party either must produce the documents or items specified as they are kept in the regular course of business, or must identify them to correspond to the categories in the request. Fla. R. Civ. P. 1.350(b).

A party objecting to a request for production must provide the reasons for the objection. If an objection is made only to part of a demand, the objectionable section must be specified. Fla. R. Civ. P. 1.350(b).

If a party withholds otherwise discoverable information on the basis of privilege, that party must make this claim expressly and must describe the nature of the withheld materials such that, without revealing the disputed information, other parties may assess the applicability of the privilege. Fla. R. Civ. P. 1.280(b)(5).

The party serving the request for production may move for an order compelling production under Rule 1.380. Fla. R. Civ. P. 1.350(b).

A party who has responded to a request for production with a response that was complete at the time it was provided is under no duty to supplement the response to include after-acquired documents. Fla. R. Civ. P. 1.280(e).

If a party fails to respond to a request for production, the propounding party may move for an order compelling production under Rule 1.380. Fla. R. Civ. P. 1.350(b). If the court issues an order compelling production and the responding party still fails to reply, that party may be held in contempt of court and may face sanctions up to and including the dismissal of pleadings. Fla. R. Civ. P. 1.380(b)(2).

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.

Each demand must designate the documents, tangible things, land, or other property to be inspected either by specifically describing each individual item or by reasonably particularizing each category of item. Fla. R. Civ. P. 1.350(b).

The request shall specify a reasonable time and place and manner of making the inspection or performing the acts. The time shall be at least thirty (30) days after service of the request to produce, except that a defendant may serve a response within forty-five (45) days after the service of the process and the initial pleading on that defendant. The court may allow for a longer or shorter time. Fla. R. Civ. P. 1.350(b).

A party may propound a supplemental demand to inspect any later acquired or discovered documents, tangible things, land, or other property that are in the possession, custody, or control of the party on whom the demand is made subject to the time limits on discovery proceedings in the case. A party who has responded to a request to produce with a response that was complete at the time is under no duty to supplement the response to include after-acquired documents. Fla. R. Civ. P. 1.280(e).

Production of documents by non-parties is accomplished through the subpoena process under Florida Rule of Civil Procedure 1.351. See Seventeenth Circuit Court SmartRules Capsule SUBPOENA.

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.

Use this At A Glance Guide to learn the Virginia Supreme Court Rules related to Motion for Protective Order in Virginia Circuit Courts. For more detailed information, please see the SmartRules Request for Production Guide for the court where your action is pending.

Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on his behalf, to inspect, copy, test, or sample any designated documents or electronically stored information (including writings, drawings, graphs, charts, photographs, and other data or data compilations stored in any medium from which information can be obtained, translated, if necessary, by the respondent into reasonably usable form), or to inspect, copy, test, or sample any designated tangible things which constitute or contain matters within the scope of Rule 4:1(b) and which are in the possession, custody, or control of the party upon whom the request is served; or (2) to produce any such documents or electronically stored information to the court in which the proceeding is pending at the time of trial; or (3) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rule 4:1(b). V.S.C.R. 4:9(a)(eff 1/1/09).

The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, period and manner of making the inspection and performing the related acts. The request may specify the form or forms in which electronically stored information is to be produced. V.S.C.R. 4:9(b)(i)(eff 1/1/09).

As a matter of custom and practice, the same caption format used for court-filed documents is used for requests for production.

The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, including an objection to the requested form or forms for producing electronically stored information, stating the reasons for the objection. If objection is made to part of an item or category, the part shall be specified and production shall be permitted as to the remaining parts. If objection is made to the requested form or forms for producing electronically stored information or if no form was specified in the request the responding party must state the form or forms it intends to use. V.S.C.R. 4:9(b)(ii)(eff 1/1/09).

A party who produces documents for inspection either shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request. V.S.C.R. 4:9(b)(iii)(A)(eff 1/1/09).

Responses to a request for production of electronically stored information shall be subject to the provisions of Rules 4:1(b)(7) and 4:1(b)(8). If a request does not specify the form or forms for producing electronically stored information, or if a responding party objects to the requested form or forms of production, a responding party must produce the information as it is ordinarily maintained if it is reasonably usable in such form or forms, or must produce the information in another form or forms in which it is reasonably usable. A party need not produce the same electronically stored information in more than one form. V.S.C.R. 4:9(b)(iii)(B)(eff 1/1/09).

Production of documents and electronic records sought in Virginia pursuant to a subpoena issued under the authority of a foreign jurisdiction shall be subject to the provisions of the Uniform Interstate Depositions and Discovery Act, Virginia Code 8.01-412.8 through 8.01-412.15. V.S.C.R. 4:9(b)(iv)(eff 7/1/09).

No request to produce shall be served, and no subpoena shall issue, until prior order of the court is obtained when the party upon whom the request is to be served or the person to whom the subpoena is to be directed is the Governor, Lieutenant Governor, or Attorney General of this Commonwealth, or a judge of any court thereof; the President or Vice President of the United States; any member of the President’s Cabinet; any Ambassador or Consul; or any Military Officer on active duty holding the rank of Admiral or General. V.S.C.R. 4:9(c-1).

Patient health records protected by the privacy provisions of Code Section 32.1-127.1:03 shall be disclosed only in accordance with the provisions and procedures prescribed by that statute. V.S.C.R. 4:9(c-2).

If a party fails or refuses to obey an order made under section (b) of this Rule, the court may proceed as provided by Rule 4:12(b)(2). V.S.C.R. 4:9(c)(renumbered eff 1/1/09).

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.

Use this At A Glance Guide to learn the Georgia Code related to amended answer in Georgia Superior Court. For more detailed information, please see the SmartRules Request for Production Guide for the court where your action is pending.

Discovery requests 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).

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

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).

Through a request for production, a party may require another person or entity:
1. To produce any designated documents within the general scope of discovery as outlined above, and to allow the party serving the request or his agent to inspect and copy such documents; and
2. To allow the party serving the request or his agent to inspect, copy, test, and/or sample any tangible thing that constitutes or contains any discoverable matter.
O.C.G.A. 9-11-34(a)(1).

A document or tangible item is discoverable through a request for production only to the extent that it is within the possession, custody, or control of the person or entity served with the request. O.C.G.A. 9-11-34(a)(1).

Through a request for production, a party may require another person or entity to permit entry upon any designated land or other property in the possession or control of the person or entity for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property, or any designated object or operation thereon, within the scope of discoverable matter. O.C.G.A. 9-11-34(a)(2).

A party may serve a request for production on any non-party person, firm, or corporation, including practitioners of the healing arts and private or government-operated hospitals and healthcare facilities. O.C.G.A. 9-11-34(c)(1); O.C.G.A. 9-11-34(c)(2).

Certain confidentiality requirements concerning mental illness (see O.C.G.A. 37-3-166.), mental retardation (see O.C.G.A. 37-4-125.), and alcohol and drug treatment (see O.C.G.A. 37-7-166.) apply to requests for production. O.C.G.A. 9-11-34(d).

Objections must be filed within the time period allowed for responding to the request for production. For any objection to a request for production, the person or entity objecting must state the specific reasons for the objection and the specific part of the request at issue. O.C.G.A. 9-11-34(b)(2).

Where a non-party practitioner of the healing arts, or a private or government-operated hospital or healthcare facility, is served with a request for production of records (including requests for records of a non-party), any of the non-party on whom the request is served, any party of record, or the party whose records are sought may object to production of such records. Such an objection must be filed with the court and served on the person or entity from whom production has been requested and on all parties to the action. After such an objection, the requested records may not be produced until further order of the court. O.C.G.A. 9-11-34(c)(2).

If no objection is filed with the court within ten (10) days of being served with the request, the non-party served with the request must comply promptly with the request. O.C.G.A. 9-11-34(c)(2).

On the filing of an objection to a request for medical records, the party serving the request then may move to compel the person or entity served with the request to comply therewith. O.C.G.A. 9-11-34(c)(2). See Cobb County Superior/State Court SmartRules capsule: MOTION TO COMPEL.

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.

Use this At A Glance Guide to learn the Virginia Supreme Court Rules related to Motion for Protective Order in Virginia Circuit Courts. For more detailed information, please see the SmartRules Deposition Notice Guide for the court where your action is pending.

The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. V.S.C.R. 4:5(b)(1).

If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice. V.S.C.R. 4:5(b)(1).

Leave of court is not required for the taking of a deposition by plaintiff if the notice (A) states that the person to be examined is about to go out of the Commonwealth, or is about to go out of the United States, or is bound on a voyage to sea, and will be unavailable for examination unless his deposition is taken before expiration of the period for filing a responsive pleading under Rule 3:8, and (B) sets forth facts to support the statement. The plaintiff’s attorney shall sign the notice, and his signature constitutes a certification by him that to the best of his knowledge, information, and belief the statement and supporting facts are true.

If a party shows that when he was served with notice under this subdivision (b)(2) he was unable through the exercise of diligence to obtain counsel to represent him at the taking of the deposition, the deposition may not be used against him. V.S.C.R. 4:5(b)(2).

The notice to a party deponent may be accompanied by a request made in compliance with Rule 4:9 for the production of documents and tangible things at the taking of the deposition. The procedure of Rule 4:9 shall apply to the request. V.S.C.R. 4:5(b)(2).

A party may in his notice name as the deponent a public or private corporation or a partnership or association or governmental agency and designate with reasonable particularity the matters on which examination is requested. The organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which he will testify. The persons so designated shall testify as to matters known or reasonably available to the organization. This subdivision (b)(6) does not preclude taking a deposition by any other procedure authorized in these Rules. V.S.C.R. 4:5(b)(6).

A deposition of a party, or any witness designated under Rule 4:5(b)(6) to testify on behalf of a party, shall be taken in the county or city in which suit is pending, in an adjacent county or city, at a place upon which the parties agree, or at a place that the court in such suit may, for good cause, designate. Good cause may include the expense or inconvenience of a non-resident party defendant appearing in one of the locations specified in this subsection. The restrictions as to parties set forth in this subdivision (a1)(i) shall not apply where no responsive pleading has been filed or an appearance otherwise made. V.S.C.R. 4:5(a1)(i).

Unless otherwise provided by the law of the jurisdiction where a non-party witness resides, a deposition of a non-party witness shall be taken in the county or city where the non-party witness resides, is employed, or has a principal place of business; at a place upon which the witness and the parties to the litigation agree; or at a place that the court may, for good cause, designate. V.S.C.R. 4:5(a1)(ii).

Depositions sought in Virginia pursuant to a subpoena issued under the authority of a foreign jurisdiction shall be subject to the provisions of the Uniform Interstate Depositions and Discovery Act, Virginia Code 8.01-412.8 through 8.01-412.15. V.S.C.R. 4:5(a1)(iv)(eff 7/1/09).

Within another state, or within a territory or insular possession subject to the dominion of the United States, or in a foreign country, depositions may be taken (1) on notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or, where applicable, the law of the United States, or (2) before a person appointed or commissioned by the court in which the action is pending, and such a person shall have the power by virtue of such appointment or commission to administer any necessary oath and take testimony, or (3) pursuant to a letter rogatory. A commission or letter rogatory shall be issued upon application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter rogatory that the taking of the deposition in any other manner is impracticable or inconvenient. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A commission or letter rogatory may be addressed “To the Appropriate Authority in (here name the state, territory, or country).” Witnesses may be compelled to appear and testify at depositions taken outside this state by process issued and served in accordance with the law of the jurisdiction where the deposition is taken or, where applicable, the law of the United States. Upon motion, the courts of this State shall issue a commission or letter rogatory requesting the assistance of the courts or authorities of the foreign jurisdiction.

The attendance of witnesses may be compelled by subpoena. V.S.C.R. 4:5(a). For more information regarding subpoenas, See Fairfax County SmartRules guide: SUBPOENAS.

No commission is necessary to take a deposition whether within or without the Commonwealth of Virginia. V.S.C.R. 4:3(c).

If the party giving the notice of the taking of a deposition fails to attend and proceed therewith and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by him and his attorney in attending, including reasonable attorney’s fees. V.S.C.R. 4:5(g)(1).

If the party giving the notice of the taking of a deposition of a witness fails to serve a subpoena upon him and the witness because of such failure does not attend, and if another party attends in person or by attorney because he expects the deposition of that witness to be taken, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by him and his attorney in attending, including reasonable attorney’s fees. V.S.C.R. 4:5(g)(2).

Within the Commonwealth of Virginia depositions may be taken before any person authorized by law to administer oaths, and if certified by his hand may be received without proof of the signature to such certificate. V.S.C.R. 4:3(a).

In any other State of the United States or within any territory or insular possession subject to the dominion of the United States, depositions may be taken before any officer authorized to take depositions in the jurisdiction wherein the witness may be, or before any commissioner appointed by the Governor of the Commonwealth of Virginia. V.S.C.R. 4:3(b).

In a foreign state or country depositions shall be taken (1) before any American minister plenipotentiary, charge d’affaires, secretary of embassy or legation, consul general, consul, vice-consul, or commercial agent of the United States in a foreign country, or any other representative of the United States therein, including commissioned officers of the armed services of the United States, or (2) before the mayor, or other magistrate of any city, town or corporation in such country, or any notary therein. V.S.C.R. 4:3(d).

Any person before whom a deposition is taken outside the Commonwealth of Virginia shall certify the same with his official seal annexed; and, if he have none, the genuineness of his signature shall be authenticated by some officer of the same state or country, under his official seal, except that no seal shall be required of a commissioned officer of the armed services of the United States, but his signature shall be authenticated by the commanding officer of the military installation or ship to which he is assigned. V.S.C.R. 4:3(e).

There shall be no limit on the number of witnesses whose depositions may be taken by a party except by order of the court for good cause shown. V.S.C.R. 4:6A.

Unless the court orders otherwise, a deposition may be taken by telephone, video conferencing, or teleconferencing. A deposition taken by telephone, video conferencing, or teleconferencing shall be taken before an appropriate officer in the locality where the deponent is present to answer questions propounded to him. V.S.C.R. 4:5(b)(7).

Depositions may be taken by audio-visual means including, but not limited to, videoconferencing and teleconferencing, as authorized by and when taken in compliance with law. V.S.C.R. 4:7A(a). Virginia Supreme Court Rule 4:7A sets forth the requirements for audio visual deposition recording. V.S.C.R. 4:7A.
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.

Use this At A Glance Guide to learn the Georgia Code related to amended answer in Georgia Superior Court. For more detailed information, please see the SmartRules Amended Answer Guide for the court where your action is pending.

If the parties try, by either express or implied consent, issues that were not raised in the pleadings, those issues will be treated in all respects as if they had been raised in the pleadings. On a proper motion, any party will be permitted to amend the pleadings as necessary so that they raise any such issues and conform to the evidence presented at trial. A party may file such a motion at any time, including after judgment has been entered, but failure to amend the pleadings will not affect the resolution of such issues at trial. O.C.G.A. 9-11-15(b).

If, at trial, a party objects to evidence on the ground that it is not within the issues set out in the pleadings, the court may allow a party to amend the pleadings. The court should freely grant permission to amend the pleadings if:

1. Such amendment will subserve presentation of the merits of the action; and

2. The objecting party fails to show that admission of the evidence will prejudice him in maintaining his action or defense on the merits.

If the court grants permission to amend the pleadings over an objection, the court may grant a continuance to allow the objecting party to prepare to proceed in light of the additional evidence. O.C.G.A. 9-11-15(b).

An amended pleading relates back to the date of the original pleading if the claim or defense asserted in the amended pleading arises from the same conduct, transaction, or occurrence set forth (or attempted to be set forth) in the original pleading. O.C.G.A. 9-11-15(c).

If an amending pleading changes the party against whom a claim is asserted, the amended pleading will relate back if, within the applicable statute of limitations, the party to be brought in by amendment:

1. Received sufficient notice of the action so that he will not be prejudiced in maintaining his defense on the merits; and

2. Knew or should have known that the action would have been brought against him if not for a mistake as to the identity of the proper party.

O.C.G.A. 9-11-15(c).

If a party moves for permission to file a supplemental pleading, after reasonable notice and on such terms as are just a court may permit the party to file a supplemental pleading setting forth transactions, occurrences, or events that have happened since the date of the party’s original pleading, even if the original pleading was defective in stating a claim or defense. The court may require any adverse party to plead in response to the supplemental pleading within a time period set by the court. O.C.G.A. 9-11-15(d).

Although not explicitly stated in the rules, it is established in Georgia case law that if a complaint names multiple defendants, each defendant must file an answer, although multiple defendants may answer jointly.

Unless the trial court orders otherwise, a party is not required to file an answer in response to a cross-claim or counterclaim against the party. Any cross-claim or counterclaim is considered denied automatically. O.C.G.A. 9-11-12(a).

If the complaint or amended complaint is so vague or ambiguous that the defendant cannot reasonably be required to frame a proper answer, the defendant still must file an answer, but also may file a motion for more definite statement pointing out the defects in the complaint and the details desired. If the motion is granted, the plaintiff will have fifteen (15) days from receiving notice of the order granting the motion, or such other time as the trial court orders, to provide any details ordered by the court. If the plaintiff fails to comply within the allotted time, the court may strike the complaint or enter whatever other order the court deems fair. O.C.G.A. 9-11-12(e).

The defendant may move to strike from the complaint or amended complaint any redundant, immaterial, impertinent, or scandalous matter. O.C.G.A. 9-11-12(f).

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.