GA Code § 9-11-33 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 11 - Civil Practice Act|Article 5 - Depositions and Discovery|§ 9-11-33. Interrogatories to Parties

  Availability; procedures for use.   Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or a governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party; provided, however, that no party may serve interrogatories containing more than 50 interrogatories, including subparts, upon any other party without leave of court upon a showing of complex litigation or undue hardship incurred if such additional interrogatories are not permitted.   Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under subsection (a) of Code Section 9-11-37 with respect to any objection to or other failure to answer an interrogatory.     Scope; use at trial.   Interrogatories may relate to any matters which can be inquired into under subsection (b) of Code Section 9-11-26, and the answers may be used to the extent permitted by the rules of evidence.   An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or to the application of law to fact; but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pretrial conference or other later time.     Option to produce business records. Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit, or inspection of such business records, or from a compilation, abstract, or summary based thereon, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to the interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit, or inspect such records and to make copies, compilations, abstracts, or summaries.    (Ga. L. 1966, p. 609, § 33; Ga. L. 1972, p. 510, § 6; Ga. L. 1980, p. 938, § 1.)   Law reviews.   - For article, "On with the Old!," see 24 Ga. St. B.J. 13 (1987).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Answers   Objections    OPINIONS OF THE ATTORNEY GENERAL   Recording not required.   - Interrogatories and answers to interrogatories are matters of proof or evidence and as such are not required to be recorded. 1981 Op. Att'y Gen. No. U81-50.   RESEARCH REFERENCES   Am. Jur. 2d.   - 23 Am. Jur. 2d, Depositions and Discovery, § 116 et seq.   C.J.S.   - 26B C.J.S., Depositions, §§ 47 et seq., 116 et seq. 27 C.J.S., Discovery, §§ 44, 62, 74 et seq., 86 et seq., 104, 105. 35A C.J.S., Federal Civil Procedure, §§ 573, 574, 611, 678 et seq., 697 et seq., 733, 736.   ALR.    - Statute providing for examination before trial of party to action or anticipated action as applicable to corporation party, 66 A.L.R. 1269.    Attorney as agent within statute providing for discovery examination of party or his agent, 136 A.L.R. 1502.   Statements of parties or witnesses as subject of pretrial or other disclosure, production, or inspection, 73 A.L.R.2d 12.   Time for filing and serving discovery interrogatories, 74 A.L.R.2d 534.   Propriety of discovery interrogatories calling for continuing answers, 88 A.L.R.2d 657.   Propriety of answer to interrogatory merely referring to other documents or sources of information, 96 A.L.R.2d 598.   Production and inspection of premises, persons, or things in proceeding to perpetuate testimony, 98 A.L.R.2d 909.   Party's right to use, as evidence in civil trial, his own testimony given upon interrogatories or depositions taken by opponent, 13 A.L.R.3d 1312.   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.   Dismissal of state court action for failure or refusal of plaintiff to answer written interrogatories, 56 A.L.R.3d 1109.   Answers to interrogatories as limiting answering party's proof at state trial, 86 A.L.R.3d 1089.   Admissibility of computerized private business records, 7 A.L.R.4th 8.   Judgment in favor of plaintiff in state court action for defendant's failure to obey request or order to answer interrogatories or other discovery questions, 30 A.L.R.4th 9.   Propriety of state court's grant or denial of application for pre-action production or inspection of documents, persons, or other evidence, 12 A.L.R.5th 577.   Right to perpetuation of testimony under Rule 27 of Federal Rules of Civil Procedure, 60 A.L.R. Fed. 924.