O.C.G.A.

O.C.G.A. § 24-13-6 (2019)

Procedure when adverse party dissatisfied with response pursuant to Code Section 24-13-5

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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When the transcript provided for in Code Section 24-13-5 is produced in court, if the adverse party is dissatisfied therewith and swears that he or she believes that the books contain entries material to the adverse party which do not appear in the transcript, the court shall grant him or her a commission directed to certain persons named by the parties and approved by the court. The commission shall cause the person with possession of the books to produce the books required with the person swearing that the books produced are all that he or she has or had that answer to the description in the subpoena or notice to produce. The commission shall examine the books and transmit to the court a full and fair statement of the accounts and entries between the parties under their hand. When received by the court, the statement of the commission shall be deemed a compliance with the notice to produce or subpoena for the production of evidence.

History

Code 1981, § 24-13-6, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1882, § 3518, former Civil Code 1895, § 5259, former Civil Code 1910, § 5848, former Code 1933, § 38-1002, and former O.C.G.A. § 24-10-6 are included in the annotations for this Code section. Notice to insurance company. - When notice was served on defendant insurance company to produce all the records of the company’s dealings in Georgia, and the defendant furnished a transcript of the defendant’s dealings with the

plaintiff, this was sufficient. If the plaintiff was dissatisfied, plaintiff had a remedy under the former statute. Grant v. Alabama Gold Life Ins. Co., 76 Ga. 575, 1886 Ga. LEXIS 62 (1886) (decided under former Code 1882, § 3518). Merchant’s books. - Transcript from merchant’s books, made out and produced under notice, and inspected by the party giving the notice, should be allowed to go to the jury as evidence in the case. Fielder & Bros. & Co. v. Collier, 13 Ga. 496, 1853 Ga. LEXIS 118 (1853) (decided under former law).