O.C.G.A. § 9-11-31 (2019)
Depositions upon written questions
(a) Serving questions; notice. (1) After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon
written questions. The attendance of witnesses may be compelled by the use of subpoena as provided in Code Section 9-11-45. The deposition of a person confined in a penal institution may be taken only by leave of court on such terms as the court prescribes. (2) A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating the name and address of the person who is to answer them, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs and the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with paragraph (6) of subsection (b) of Code Section 9-11-30. (3) Within 30 days after the notice and written questions are served, a party may serve cross-questions upon all other parties. Within ten days after being served with cross-questions, a party may serve redirect questions upon all other parties. Within ten days after being served with redirect questions, a party may serve recross-questions upon all other parties. The court may, for cause shown, enlarge or shorten the time. (b) Officer to take responses and prepare record. A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by subsections (c), (e), and (f ) of Code Section 9-11-30, to take the testimony of the witness in response to the questions and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the questions received by him.
History
(Ga. L. 1966, p. 609, § 31; Ga. L. 1967, p. 226, § 15; Ga. L. 1972, p. 510, § 4.)
Annotations
JUDICIAL DECISIONS Editor’s notes. - Georgia Laws 1972, p. 510, made substantial revisions to certain sections of this chapter dealing with discovery. Prior to the 1972 amendment, this section was substantially the same as former Code 1933, § 38-2106. Hence, decisions based on this Code section prior to its 1972 amendment should be consulted with care. In light of the similarity of the statutory
provisions, decisions under former Code 1933, Ch. 21, T. 38, are included in the annotations for this Code section. As between parties, no subpoena is required or necessary for the taking of a deposition. Millholland v. Oglesby, 114 Ga. App. 745, 152 S.E.2d 761 (1966), rev’d on other grounds, 223 Ga. 230, 154 S.E.2d 194 (1967) (decided under former Code 1933, Ch. 21, T. 38).
Right to be present at taking of deposition. - When a deposition is taken upon written interrogatories, the opposing party or the opposing party’s counsel have the right to be present, and their exclusion would void the procedure, even if otherwise valid. Reynolds v. Reynolds, 217 Ga. 234, 123 S.E.2d 115 (1961), overruled on other grounds, Scherer v.
Scherer, 249 Ga. 635, 292 S.E.2d 662 (1982) (decided under former Code 1933, § 38-2105). Cited in Walker v. Smith, 439 F.2d 392 (5th Cir. 1971); Atlanta Coca-Cola Bottling Co. v. Rosser, 250 Ga. 52, 295 S.E.2d 827 (1982); Munna v. Lewis, 181 Ga. App. 860, 354 S.E.2d 181 (1987).
OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - Georgia Laws 1972, p. 510, made substantial revisions to certain sections of this chapter dealing with discovery. Prior to the 1972 amendment, this Code section was substantially the same as former Code 1933, § 38-2106. Hence, material based on this Code section prior to its 1972 amendment should be consulted with care. No permanent record is required
for depositions and interrogatories, as although depositions and interrogatories are required to be filed with the clerk, being evidence, depositions or interrogations are not considered part of the permanent record of the trial court. 1970 Op. Att’y Gen. No. U70-232. No filing or recording fee can be charged for depositions or interrogatories. 1970 Op. Att’y Gen. No. U70-232.
RESEARCH REFERENCES Am. Jur. 2d. - 23 Am. Jur. 2d, Depositions and Discovery, § 101 et seq. C.J.S. - 26B C.J.S., Depositions, §§ 49, 51 et seq., 55, 77, 107, 108. 27 C.J.S., Discovery, §§ 44, 62, 75 et seq. 35A C.J.S., Federal Civil Procedure, §§ 620 et seq., 626, 627. ALR. - Pleadings, depositions, testimony, or statements in court as constituting a sufficient writing within the statute of frauds, 22 ALR 735. Making copies of record or writings part of deposition, 59 ALR 530. Taking deposition as judicial proceeding as regards law of privilege in libel and slander, 90 ALR 66. Service of notice of time and place of
examination of party witness as sufficient to require his attendance without subpoena for purposes of deposition, 112 ALR 449. Statements of parties or witnesses as subject of pretrial or other disclosure, production, or inspection, 73 ALR2d 12. Propriety of answer to interrogatory merely referring to other documents or sources of information, 96 ALR2d 598. Discovery, in products liability case, of defendant’s knowledge as to injury to or complaints by others than plaintiff, related to product, 20 ALR3d 1430. Taking deposition or serving interrogatories in civil case as waiver of incompetency of witness, 23 ALR3d 389.