Request for Production in Georgia Superior Court – At A Glance

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.

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