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RELATED DOCUMENTS:
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 Deposition Notice

 

 Superior/State Court of Georgia
 Fulton County

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

Timing of Deposition

If less than thirty (30) days has passed since service of the complaint and summons on any defendant more...   

"Reasonable Notice"

A party must give reasonable, written notice of a deposition to every other party to the action. more...

Time Requirements of Deposition

The court may, for cause shown, enlarge or shorten the time for taking a deposition. (b)(3). more...

Motion to Terminate or Limit Examination

At any time while a deposition is being taken, either the deponent or a party may move to more...

Deadline for Completion of Discovery

Any desired discovery procedures must be commenced promptly, pursued diligently, and completed without unnecessary delay and within six (6) more...

When Leave of Court Required

In General

A plaintiff must obtain leave of the court before deposing any person if less than thirty (30) days more...

Special Notice

Where leave of the court otherwise would be required before a plaintiff may take a deposition, no such more...

The plaintiff's attorney must sign the notice, and this will certify that the statement and supporting facts are more...

 Discovery Rules & Requirements

Scope

Generally

A deposition may relate to any unprivileged matter relevant to the subject matter of the pending action and more...

Inadmissibility at Trial No Bar to Deposition Question

A discovery request is permissible even if the information sought would be inadmissible at trial, as long as more...

Insurance Agreements

A party may discover the existence and contents of any insurance agreement under which any person providing insurance more...

Duty to Supplement Discovery Response

A party who has responded to an discovery request with a response that was complete when made has more...

A duty to supplement responses may be imposed by: more...

 

Frequency of Discovery Unlimited

Unless otherwise ordered by the court, the frequency of use of permissible discovery methods is unlimited. (a). more...

 Deposition Rules & Requirements

Deposition of Organization or Corporation

A party may name any public or private corporation, partnership, association, or governmental agency in a deposition notice. more...

Examination and Cross-Examination

Examination and cross-examination of a deponent will proceed as would be permitted at trial under the rules of more...

Objections

The court reporter, or other authorized officer, must note in the transcript, or other record of the deposition, more...

Any evidence to which an objection is made must be accepted subject to such objection. (c)(2). more...

Written Questions Propounded by Other Parties

In lieu of participating in the oral examination, other parties may serve written questions in a sealed envelope more...

Recording of Deposition

Stenographic Means

Unless the court orders otherwise, every deposition must be recorded by stenographic means and also may be recorded more...

Non-Stenographic Means

The court may issue an order designating the manner of recording, preserving, and filing a deposition taken by more...

With prior notice to the deponent and other parties, any party may designate another method of recording a more...

Telephone or Other Electronic Means

A deposition may be taken by telephone or other remote electronic means only by court order or stipulation more...

Deposition Not to be Altered

In no event may any person distort the appearance or demeanor of any deponent or attorney through camera more...

Retention of Deposition Record

Unless otherwise ordered by the court or agreed on by the parties, the court reporter or other officer more...

Motion to Terminate or Limit Examination

Basis for Motion

At any time during a deposition, on a showing that the examination is being conducted in bad faith more...

Suspension of Examination Pending Court's Ruling

The objecting party or deponent may demand that the examination be suspended until a motion can be filed. more...

Discretion of Court

On such motion, either the court in which the action is pending or the court in the county more...

Attorney's Fees to Prevailing Party

If the motion is granted, the party whose conduct necessitated the motion will be required to pay the more...

Review of Deposition Testimony by Witness

If requested by the deponent or any party before completion of the deposition, the deponent will have thirty more...

Certification and Delivery of Original Deposition

Certification

As part of the record of the deposition, the court reporter or other officer must certify in writing more...

Deposition to be Sealed and Marked

After completing the certification and attaching it to the deposition, the court reporter must securely seal the deposition more...

(f)(1)(A). more...

Deposition to be Filed or Delivered to Appropriate Party

After the deposition has been sealed and marked, the court reporter must deliver the deposition to the party more...

Attachment of Documents or Other Tangible Items

At any party's request, the court reporter must mark for identification, attach to the deposition, and return with more...

Obtaining Copies of Deposition

The court reporter must furnish a copy of the deposition to the deponent or any party after receiving more...

Expenses on Failure to Attend or Serve Subpoena of Party Requesting Deposition

If neither the party requesting the deposition nor his attorney appears for the deposition, the court may order more...

Depositions Before Action or Pending Appeal

There are special rules for depositions taken before an action is filed or while an appeal is pending. more...

Deposition Upon Written Questions

Permitted

Georgia law provides for depositions upon written questions. . more...

Subpoena and Deposition Notice

Under this method, the party seeking the deposition serves the person to be deposed with a subpoena and more...

(a)(1); (a)(2). Fulton County Superior/State Court SmartRules procedural guide: SUBPOENA. more...

Cross-Questions by Other Parties

Within thirty (30) days of being served with the notice of deposition and written questions, any party may more...

Recording Responses and Preparation of Record

The party seeking the deposition must serve the certified court reporter or other officer who is to take more...

 Form & Format of Papers

In Writing

A notice of deposition must be in written form. (b)(1). more...

Contents of Notice of Deposition

A notice of deposition must state: more...

(b)(1). more...

Request for Production of Documents and Things

A deposition notice served on a party may be accompanied by a request for production of documents and more...

Presentation of Deposition as Evidence

On completion of the deposition, a party offering such deposition testimony may offer it in either stenographic or more...

Additional Formatting Requirements

Fulton County Superior/State Court SmartRules procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS. more...

 Filing & Service

Filing

Depositions Generally Not Filed with Court

Original discovery material, including depositions, generally should not be filed with the court. . more...

However, a deposition should be filed with the court if: more...

.1(a) (amended eff 7/1/13). more...

Otherwise, the party who took the deposition must retain the original of the deposition and is the custodian more...

When depositions and other discovery material are filed with the clerk of court, the clerk of court

Method

Fulton County Superior/State Court SmartRules procedural guide: FILING DOCUMENTS. more...

Service

On All Other Parties

The deposing party must give reasonable, written notice of a deposition to every other party to the action. more...

Method

Fulton County Superior/State Court SmartRules procedural guide: SERVICE OF PAPERS. more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
Georgia - Cobb Superior
Georgia - Cobb Superior
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