Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 24-13-151 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 24-13-151 Case Law from Google Scholar Amendments to OCGA 24-13-151

TITLE 24 EVIDENCE

Section 13. Securing Attendance of Witnesses and Production and Preservation of Evidence, 24-13-1 through 24-13-154.

ARTICLE 7 PERPETUATION OF TESTIMONY

24-13-151. Inadequacy of usual proceeding to be shown.

A petition for discovery merely or to perpetuate testimony shall not be sustained unless some reason is shown why the usual proceeding at law is inadequate.

(Code 1981, §24-13-151, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Orig. Code 1863, § 4094, former Code 1868, § 4123, former Code 1873, § 4182, former Code 1882, § 4182, former Civil Code 1895, § 3959, former Civil Code 1910, § 4556, former Code 1933, § 38-1302, and former O.C.G.A. § 24-10-151 are included in the annotations for this Code section.

Discovery must be necessary.

- For equity to take jurisdiction on the ground of discovery, it must appear that the discovery was necessary, not merely that discovery was desirable or could be useful or that the complainant can more satisfactorily prove the complainant's case with than without discovery. Lucas v. Neidlinger, 210 Ga. 557, 81 S.E.2d 825 (1954) (decided under former Code 1933, § 38-1302).

Pleading.

- Pleadings must set forth facts which show either that the matter to which the testimony would apply can not be immediately investigated in a court of law; or if it can be so investigated, that the sole right of action belonged to the other party; or that the opposite party had interposed some impediment to an immediate trial of the suit, so that there was danger of a loss of the evidence before trial. Booker v. Booker, 20 Ga. 777 (1856)(decided under former law).

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Depositions and Discovery, § 4.

No results found for Georgia Code 24-13-151.