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).

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.

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 A.L.R. 735.

Making copies of record or writings part of deposition, 59 A.L.R. 530.

Taking deposition as judicial proceeding as regards law of privilege in libel and slander, 90 A.L.R. 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 A.L.R. 449.

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

Propriety of answer to interrogatory merely referring to other documents or sources of information, 96 A.L.R.2d 598.

Discovery, in products liability case, of defendant's knowledge as to injury to or complaints by others than plaintiff, related to product, 20 A.L.R.3d 1430.

Taking deposition or serving interrogatories in civil case as waiver of incompetency of witness, 23 A.L.R.3d 389.