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O.C.G.A. § 9-11-29 — Stipulations regarding discovery procedure | Georgia Code
O.C.G.A. § 9-11-29 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

Section 11. Civil Practice Act, 9-11-1 through 9-11-133.

ARTICLE 5 DEPOSITIONS AND DISCOVERY

9-11-29. Stipulations regarding discovery procedure.

Unless the court orders otherwise, the parties may, by written stipulation:

  1. Provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and, when so taken, may be used like other depositions; and
  2. Modify the procedures provided by this chapter for other methods of discovery.

(Ga. L. 1966, p. 609, § 29; Ga. L. 1972, p. 510, § 2.)

U.S. Code.

- For provisions of Federal Rules of Civil Procedure, Rule 29, see 28 U.S.C.

JUDICIAL DECISIONS

Waiver of objection to videotape of deposition.

- Objection based on lack of court order allowing videotaping of deposition was waived since no objection to the videotaping was raised prior to trial. Even if the objection was timely made at trial, any error in the admission of the videotaped deposition was harmless since the videotaping was conducted in substantial compliance with required technical conditions and procedures. DuBois v. Ray, 177 Ga. App. 349, 339 S.E.2d 605 (1985).

Modification of discovery procedures.

- Trial court did not err in granting summary judgment to a mortgagee on the mortgagors' claims for wrongful eviction and trespass because the mortga- gors failed to adhere to O.C.G.A. § 9-11-36(a)(2) since the mortgagors never answered or objected to the mortgagees' requests for admission within the statutory time period, and thus, the requests were deemed admitted by the mortgagors; the mortgagor's reliance upon § 9-11-36(b) was misplaced under the circumstances because the parties modified the statutory discovery procedures by stipulation pursuant to O.C.G.A. § 9-11-29(2). Ikomoni v. Exec. Asset Mgmt., LLC, 309 Ga. App. 81, 709 S.E.2d 282 (2011).

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Depositions and Discovery, § 119.

C.J.S.

- 26B C.J.S., Depositions, § 176. 27 C.J.S., Discovery, §§ 22, 53, 74, 95, 96, 97, 133. 35A C.J.S., Federal Civil Procedure, §§ 611, 617. 83 C.J.S., Stipulations, § 11.

ALR.

- Statements of parties or witnesses as subject of pretrial or other disclosure, production, or inspection, 73 A.L.R.2d 12.

Effectiveness of stipulation of parties or attorneys, notwithstanding its violating form requirements, 7 A.L.R.3d 1394.

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This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.