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 Georgia Code related to propounding interrogatories in Georgia Superior Court. For more detailed information, please see the SmartRules Interrogatory Guide for the court where your action is pending.

Unless otherwise ordered by the court, there is no limit to the use of written interrogatories. O.C.G.A. 9-11-26(a).

No party may serve more than fifty (50) interrogatories, including subparts, on any other party during the course of discovery without permission of the court. Such permission may be granted based on a showing that the litigation is complex or that the party seeking to serve the interrogatories would endure undue hardship if not allowed to serve the additional interrogatories. O.C.G.A. 9-11-33(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).

Interrogatories 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).

An interrogatory 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). Similarly, an interrogatory is permissible even though the answer would involve an opinion or contention that relates to fact or to the application of law to fact, although the court may order that such an interrogatory need not be answered until designated discovery has been completed, a pre-trial conference has been held, or such other later time as the court may decide. O.C.G.A. 9-11-33(b)(2).

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 may use interrogatories to require another party to identify:
1. Any expert witnesses to be called by such other party at trial;
2. The subject matter of each expert witness’s testimony;
3. The facts and opinions to which the expert will testify; and
4. A summary of the grounds for each opinion of the expert. O.C.G.A. 9-11-26(b)(4)(A)(i). If a party elects to obtain discovery in this matter, however, unless it would be manifestly unjust, the court may require the party seeking discovery to pay the other party a fair portion of the fees and expenses incurred in obtaining the relevant facts and opinions from the expert. O.C.G.A. 9-11-26(b)(4)(C)(ii).

In the case of an expert retained by another party but not expected to testify at trial, a party may only inquire into facts known or opinions held by that expert by obtaining a copy of the expert’s report, if applicable, under the procedures outlined in O.C.G.A. 9-11-35(b) or by showing exceptional circumstances making it impracticable for the party seeking to discover such facts and opinions to obtain the same by other means. O.C.G.A. 9-11-26(b)(4)(B). Unless it would be manifestly unjust, the court must require the party seeking discovery in this manner to pay the other party a fair portion of the fees and expenses incurred in obtaining the relevant facts and opinions from the expert. O.C.G.A. 9-11-26(b)(4)(C)(ii).

The answers to interrogatories generally may be used at trial to the extent that they qualify as admissions under the rules of evidence. O.C.G.A. 9-11-33.

After providing reasonable notice to other parties and persons affected, a party may move the trial court for an order compelling another party to respond, or to respond fully, to previously-served interrogatories. O.C.G.A. 9-11-37(a)(2).

In the alternative, the trial court may enter an order:
1. Providing that certain facts will be taken as true for purposes of the action;
2. Refusing to allow the disobedient party to support or oppose certain claims or defenses, or prohibiting him from introducing certain matters into evidence; or
3. Striking pleadings in whole or in part, or rendering default judgment against the disobedient party. O.C.G.A. 9-11-37(b)(2)(A); O.C.G.A. 9-11-37(b)(2)(B); O.C.G.A. 9-11-37(b)(2)(C).

In addition or as an alternative to the above, the trial court may order the disobedient party or his attorney to pay the reasonable expenses, including attorneys’ fees, caused by the disobedient party’s failure, unless the court finds that the failure was substantially justified or that an award of expenses would be unjust. O.C.G.A. 9-11-37(d)(1).

For these purposes, an evasive or incomplete answer is treated as a failure to answer. O.C.G.A. 9-11-37(a)(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.