How SmartRules Helps You Win Cases Across
The State and Across State Lines

 Deposition Notice

 

 Superior/State Court of Georgia
 Fulton County

 

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. . 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...

1. States that the person to be deposed is about to leave the county in which the action is more...

2. Sets forth facts that support such statement. more...

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

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...

1. The discovery request concerns the identity and location of persons having knowledge of discoverable matters; more...

2. The discovery request concerns the identity of persons likely to be called as experts at trial, the subject more...

3. The party later learns that the response was incorrect when made; or more...

4. The party learns that the statement is no longer true, and his failure to amend the response would more...

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

1. Order of the court; more...

2. Agreement of the parties; or more...

3. New requests for supplementation of prior responses. . more...

 

Frequency of Discovery Unlimited

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

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...

1. The qualifications of the officer taking the deposition; more...

2. The manner of taking the deposition; more...

3. The evidence presented; more...

4. The conduct of any party; or more...

5. Any other objection to the proceedings. more...

Any evidence to which an objection is made must be accepted subject to such objection. . 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...

1. The title of the action; more...

2. The court reporter's certification number; and more...

3. "Deposition of [witness's name]." 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...

1. A list of the questions to be asked; more...

2. The name and of the person to be deposed, if known, or else a general description of the more...

3. The name or descriptive title and address of the certified court reporter or officer before whom the deposition more...

; . 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...

In Writing

A notice of deposition must be in written form. . more...

Contents of Notice of Deposition

A notice of deposition must state: more...

1. The time and place where the deposition is to take place; more...

2. The means by which testimony will be recorded; more...

3. The name and address of each party to be deposed, if known, or else a general description sufficient more...

4. If a subpoena for the production of documentary and tangible evidence will be served on the person to 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

Depositions Generally Not Filed with Court

Original discovery material, including depositions, generally should not be filed with the court.. However, a deposition should be filed with the court if: more...

1. Ordered by the court; more...

2. Requested by any party to the action; more...

3. A party files a motion for relief related to the deposition; or more...

4. The deposition is to be used at trial or at a pre-trial or post-trial motion. more...

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

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...

Practice Technologies, Inc. 2005 - 2012 exclusive of the text of Government codes