reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 3 - PLEADINGS AND MOTIONS (§§ 9-11-7 — 9-11-16) › Section 9-11-9 - Pleading special matters

(a)
Capacity.
It is not necessary to aver the capacity of a party to bring or defend an action, the authority of a party to bring or defend an action in a representative capacity, or the legal existence of an organized association of persons that is made a party. When a party desires to raise an issue as to the legal existence of any party, the capacity of any party to bring or defend an action, or the authority of a party to bring or defend an action in a representative capacity, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.
(b)
Fraud, mistake, condition of the mind.
In all averments of fraud or mistake, the circumstance constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.
(c)
Conditions precedent.
In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity.
(d)
Official document or act.
In pleading an official document or official act, it is sufficient to aver that the document was issued or the act done in compliance with law.
(e)
Judgment.
In pleading a judgment or decision of a domestic or foreign court, of a judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.
(f)
Time and place.
For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter.
(g)
Special damage.
When items of special damage are claimed, they shall be specifically stated.
Amended by 2016 Ga. Laws 625,§ 9, eff. 5/3/2016.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 3 - PLEADINGS AND MOTIONS (§§ 9-11-7 — 9-11-16) › Section 9-11-9.2 - Medical authorization forms; review of protected health information

(a)
In any action for damages alleging medical malpractice against a professional licensed by the State of Georgia and listed in subsection (g) of Code Section
9-11-9.1
, against a professional corporation or other legal entity that provides health care services through a professional licensed by the State of Georgia and listed in subsection (g) of Code Section
9-11-9.1
, or against any licensed health care facility alleged to be liable based upon the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (g) of Code Section
9-11-9.1
, contemporaneously with the filing of the complaint, the plaintiff shall be required to file a medical authorization form. Failure to provide this authorization shall subject the complaint to dismissal.
(b)
The authorization shall provide that the attorney representing the defendant is authorized to obtain and disclose protected health information contained in medical records to facilitate the investigation, evaluation, and defense of the claims and allegations set forth in the complaint which pertain to the plaintiff or, where applicable, the plaintiff's decedent whose treatment is at issue in the complaint. This authorization includes the defendant's attorney's right to discuss the care and treatment of the plaintiff or, where applicable, the plaintiff's decedent with all of the plaintiff's or decedent's treating physicians.
(c)
The authorization shall provide for the release of all protected health information except information that is considered privileged and shall authorize the release of such information by any physician or health care facility by which health care records of the plaintiff or the plaintiff's decedent would be maintained.
Amended by 2007 Ga. Laws 125,§ 2, eff. 7/1/2007.
Added by 2005 Ga. Laws 1,§ 4, eff. 2/16/2005.
Added by 2005 Ga. Laws 1,§ 4, eff. 2/16/2005.
Added by 2005 Ga. Laws 1,§ 4, eff. 2/16/2005.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 3 - PLEADINGS AND MOTIONS (§§ 9-11-7 — 9-11-16) › Section 9-11-10 - Form of pleadings

(a)
Caption; names of parties.
Every pleading shall contain a caption setting forth the name of the court and county, the title of the action, the file number, and a designation as in subsection (a) of Code Section
9-11-7
. In the complaint the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. A party whose name is not known may be designated by any name; and, when his true name is discovered, the pleading may be amended accordingly.
(b)
Paragraphs; separate statements.
All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.
(c)
Adoption by reference; exhibits.
Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 3 - PLEADINGS AND MOTIONS (§§ 9-11-7 — 9-11-16) › Section 9-11-11 - Signing of pleadings; when verification required; rule abolished

(a)
Every pleading of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address shall be stated. A party who is not represented by an attorney shall sign his pleading and state his address. The signature of an attorney constitutes a certificate by him that he has read the pleading and that it is not interposed for delay.
(b)
Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit.
(c)
The rule in equity that the averments of an answer under oath must be overcome by the testimony of two witnesses or of one witness sustained by corroborating circumstances is abolished.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 3 - PLEADINGS AND MOTIONS (§§ 9-11-7 — 9-11-16) › Section 9-11-14 - Third-party practice

(a)
When defendant may bring in third party.
At any time after commencement of the action a defendant, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff's claim against him. The third-party plaintiff need not obtain leave to make the service if he files the third-party complaint not later than ten days after he serves his original answer. Otherwise he must obtain leave on motion upon notice to all parties to the action. The person served with the summons and third-party complaint, hereinafter called the third-party defendant, shall make his defenses to the third-party plaintiff's claim as provided in Code Section
9-11-12
and his counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in Code Section
9-11-13
. The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. The plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the third-party defendant thereupon shall assert his defenses as provided in Code Section
9-11-12
and his counterclaims and cross-claims as provided in Code Section
9-11-13
. Any party may move to strike the third-party claim, or for its severance or separate trial. A third-party defendant may proceed under this Code section against any person not a party to the action who is or may be liable to him for all or part of the claim made in the action against the third-party defendant.
(b)
When plaintiff may bring in third party.
When a counterclaim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances which under this Code section would entitle a defendant to do so.
(c)
Exhibits attached to third-party complaint.
Any third-party complaint filed shall have attached thereto, as exhibits, a true and correct copy of the original complaint in the action and all other pleadings which have been filed in the action prior to the filing of the third-party complaint.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 3 - PLEADINGS AND MOTIONS (§§ 9-11-7 — 9-11-16) › Section 9-11-15 - Amended and supplemental pleadings

(a)
Amendments.
A party may amend his pleading as a matter of course and without leave of court at any time before the entry of a pretrial order. Thereafter the party may amend his pleading only by leave of court or by written consent of the adverse party. Leave shall be freely given when justice so requires. A party may plead or move in response to an amended pleading and, when required by an order of the court, shall plead within 15 days after service of the amended pleading, unless the court otherwise orders.
(b)
Amendments to conform to the evidence.
When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of the evidence would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet the evidence.
(c)
Relation back of amendments.
Whenever the claim or defense asserted in the amended pleading arises out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted relates back to the date of the original pleadings if the foregoing provisions are satisfied, and if within the period provided by law for commencing the action against him the party to be brought in by amendment (1) has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits, and (2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him.
(d)
Supplemental pleadings.
Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented. Permission may be granted even though the original pleading is defective in its statement of a claim for relief or defense. If the court deems it advisable that the adverse party plead to the supplemental pleading, it shall so order, specifying the time therefor.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 3 - PLEADINGS AND MOTIONS (§§ 9-11-7 — 9-11-16) › Section 9-11-16 - Pretrial procedure; formulating issues; order; calendar

(a)
Upon the motion of any party, or upon its own motion, the court shall direct the attorneys for the parties to appear before it for a conference to consider:
(1)
The simplification of the issues;
(2)
The necessity or desirability of amendments to the pleadings;
(3)
The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;
(4)
The limitation of the number of expert witnesses; and
(5)
Such other matters as may aid in the disposition of the action.
(b)
The court shall make an order which recites the action taken at the conference and the agreements made by the parties as to any of the matters considered and which limits the issues for trial to those not disposed of by admissions or agreements of counsel. The order, when entered, controls the subsequent course of the action unless modified at the trial to prevent manifest injustice. After entry of the pretrial order, it shall be within the discretion of the court to permit or disallow the presentation of testimony from any expert witness whose name is not contained in the pretrial order; provided, however, that if the additional expert witness is permitted to testify, any opposing party shall be permitted reasonable time to take the deposition of the additional expert witness. The court, in its discretion, may establish by rule a pretrial calendar on which actions may be placed for consideration as provided in subsection (a) of this Code section and may either confine the calendar to jury actions or to nonjury actions or extend it to all actions.
Amended by 2002 Ga. Laws 949, § 1.1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 4 - PARTIES (§§ 9-11-17 — 9-11-25) › Section 9-11-17 - Real party in interest; capacity

(a)
Real party in interest.
Every action shall be prosecuted in the name of the real party in interest. A personal representative, a temporary administrator, a guardian, a conservator, a bailee, a trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may bring an action in his or her own name without joining with him or her the party for whose benefit the action is brought; and, when a statute so provides, an action for the use or benefit of another shall be brought in the name of the state. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.
(b)
Capacity to bring or defend an action.
The capacity of an individual, including one acting in a representative capacity, to bring or defend an action shall be determined by the law of this state. The capacity of a corporation to bring or defend an action shall be determined by the law under which it was organized, unless a statute of this state provides to the contrary.
(c)
Infants or incompetent persons.
Whenever an infant or incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may bring or defend an action on behalf of the infant or incompetent person. If an infant or incompetent person does not have a duly appointed representative, he or she may bring an action by his or her next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person. No next friend shall be permitted to receive the proceeds of any personal action, in the name and on behalf of an infant or incompetent person, until such next friend shall have entered into a sufficient bond to the Governor, for the use of the infant and the infant's representatives, conditioned well and fully to account for and concerning such trust, which bond may be sued on by order of the court in the name of the Governor and for the use of the infant. Such bond shall be approved by the court in which the action is commenced and such approval shall be filed in such clerk's office.
Amended by 2020 Ga. Laws 508,§ 2-7, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 4 - PARTIES (§§ 9-11-17 — 9-11-25) › Section 9-11-18 - Joinder of claims and remedies

(a)
Joinder of claims.
A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim may join, either as independent or as alternate claims, as many claims, legal or equitable, as he has against an opposing party.
(b)
Joinder of remedies; fraudulent conveyances.
Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to him without first having obtained a judgment establishing the claim for money.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 4 - PARTIES (§§ 9-11-17 — 9-11-25) › Section 9-11-19 - Joinder of persons needed for just adjudication

(a)
Persons to be joined if feasible.
A person who is subject to service of process shall be joined as a party in the action if:
(1)
In his absence complete relief cannot be afforded among those who are already parties; or
(2)
He claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may:
(A)
As a practical matter impair or impede his ability to protect that interest; or
(B)
Leave any of the persons who are already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest.
If he has not been so joined, the court shall order that he be made a party. If he should join as a plaintiff but refuses to do so, he may be made a defendant or, in a proper case, an involuntary plaintiff. If the joined party objects to venue and his joinder would render the venue of the action improper, he shall be dismissed from the action.
(b)
Determination by court whenever joinder not feasible.
If a person, as described in paragraphs (1) and (2) of subsection (a) of this Code section, cannot be made a party, the court shall determine whether in equity and good conscience the action should proceed among the parties before it or should be dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include:
(1)
To what extent a judgment rendered in the person's absence might be prejudicial to him or to those already parties;
(2)
The extent to which, by protective provisions in the judgment, by the shaping of relief, or by other measures, the prejudice can be lessened or avoided;
(3)
Whether a judgment rendered in the person's absence will be adequate;
(4)
Whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder; and
(5)
Whether and by whom prejudice might have been avoided or may, in the future, be avoided.
(c)
Pleading reasons for nonjoinder.
A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons, as described in paragraphs (1) and (2) of subsection (a) of this Code section, who are not joined and the reasons why they are not joined.
(d)
Exception of class actions.
This Code section shall be subject to Code Section
9-11-23
.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 4 - PARTIES (§§ 9-11-17 — 9-11-25) › Section 9-11-20 - Permissive joinder of parties

(a)
Permissive joinder.
All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action. All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all of them will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief and against one or more of the defendants according to their respective liabilities.
(b)
Separate trials.
The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom he asserts no claim and who asserts no claim against him and may order separate trials or make other orders to prevent delay or prejudice.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 4 - PARTIES (§§ 9-11-17 — 9-11-25) › Section 9-11-21 - Misjoinder and nonjoinder of parties

Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 4 - PARTIES (§§ 9-11-17 — 9-11-25) › Section 9-11-22 - Interpleader

(a)
Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another or that the plaintiff avers that he is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. This Code section supplements and does not in any way limit the joinder of parties permitted in Code Section
9-11-20
.
(b)
The remedy provided in this Code section is in addition to and in no way supersedes or limits the remedy of equitable interpleader provided for in Code Sections
23-3-90
through
23-3-92
.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 4 - PARTIES (§§ 9-11-17 — 9-11-25) › Section 9-11-24 - Intervention

(a)
Intervention of right.
Upon timely application anyone shall be permitted to intervene in an action:
(1)
When a statute confers an unconditional right to intervene; or
(2)
When the applicant claims an interest relating to the property or transaction which is the subject matter of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant's interest is adequately represented by existing parties.
(b)
Permissive intervention.
Upon timely application anyone may be permitted to intervene in an action:
(1)
When a statute confers a conditional right to intervene; or
(2)
When an applicant's claim or defense and the main action have a question of law or fact in common.
In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
(c)
Procedure.
A person desiring to intervene shall serve a motion to intervene upon the parties as provided in Code Section
9-11-5
. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought. The same procedure shall be followed when a statute gives a right to intervene.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 4 - PARTIES (§§ 9-11-17 — 9-11-25) › Section 9-11-25 - Substitution of parties

(a)
Death.
(1)
If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representative of the deceased party and, together with the notice of the hearing, shall be served on the parties as provided in Code Section
9-11-5
and upon persons not parties in the manner provided in Code Section
9-11-4
for the service of a summons. Unless the motion for substitution is made not later than 180 days after the death is suggested upon the record by service of a statement of the fact of the death, the action shall be dismissed as to the deceased party.
(2)
In the event of the death of one or more of the plaintiffs or of one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties.
(b)
Incompetency.
If a party becomes incompetent, the court, upon motion served as provided in subsection (a) of this Code section, may allow the action to be continued by or against his representative.
(c)
Transfer of interest.
In case of any transfer of interest, the action may be continued by or against the original party unless the court, upon motion, directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in subsection (a) of this Code section.
(d)
Public officers; death or separation from office.
(1)
When a public officer is a party to an action in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate, and his successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.
(2)
When a public officer brings or defends an action in his official capacity, he may be described as a party by his official title rather than by name; but the court may require his name to be added.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 5 - DEPOSITIONS AND DISCOVERY (§§ 9-11-26 — 9-11-37) › Section 9-11-26.1 - Deposition from officers; protective orders

(a)
As used in this Code section, the term:
(1)
"Officer" means a current or former high-ranking officer of an organization with unique and extensive scheduling demands or responsibilities.
(2)
"Organization" includes any governmental entity and any other organization, public or private, that is large and complex.
(b)
Good cause for a protective order to prohibit the deposition of an officer may be shown by proof that such person is an officer and lacks unique personal knowledge of any matter that is relevant to the subject matter involved in the pending action.
(c)
The party or person seeking a protective order has the burden of establishing the factors provided under subsection (b) of this Code section.
(d)
Good cause for a protective order shall not be deemed shown where the party seeking discovery demonstrates that:
(1)
Such party has exhausted other reasonable means of discovery and such discovery is inadequate; and
(2)
The person seeking the protective order has unique personal knowledge of one or more matters relevant to the subject matter involved in the pending action.
(e)
To the extent that the party or person seeking a protective order shows that an officer lacks unique personal knowledge of some, but fewer than all, matters relevant to the subject matter involved in the pending action, the court may limit the scope of the deposition accordingly, rather than prohibiting altogether the deposition of the officer.
Added by 2023 Ga. Laws 77,§ 1-2, eff. 5/1/2023.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 5 - DEPOSITIONS AND DISCOVERY (§§ 9-11-26 — 9-11-37) › Section 9-11-28 - Persons before whom depositions may be taken; disqualification for interest; consent of parties

(a)
Within the United States and its possessions.
Within the United States or within a territory or insular possession subject to the dominion of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or by the laws of the place where the examination is held or before a court reporter appointed by the court in which the action is pending or, if within this state, before a certified court reporter or as otherwise provided by the rules of the Board of Court Reporting. A person so appointed has power to administer oaths and take testimony.
(b)
In foreign countries.
In a foreign state or country depositions shall be taken on notice before a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent of the United States, or before such person or officer as may be appointed by commission or under letters rogatory. A commission or letters rogatory shall be issued only when necessary or convenient, on application and notice, and on such terms and with such directions as are just and appropriate. Officers may be designated in notices or commissions either by name or by descriptive title and letters rogatory may be addressed "To the Appropriate Judicial Authority in (here name the country)."
(c)
Disqualification for interest.
No deposition shall be taken before a court reporter who is a relative, employee, attorney, or counsel of any of the parties, or who is a relative or employee of such attorney or counsel, or who is financially interested in the action, excepting that a deposition may be taken before a court reporter who is a relative of a party or of an attorney or counsel of a party if all parties represented at the deposition enter their explicit consent to the same upon the record of the deposition.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 5 - DEPOSITIONS AND DISCOVERY (§§ 9-11-26 — 9-11-37) › Section 9-11-29 - Stipulations regarding discovery procedure

Unless the court orders otherwise, the parties may, by written stipulation:
(1)
Provide that depositions may be taken before any person, at any time or place, upon any notice, and in any manner and, when so taken, may be used like other depositions; and
(2)
Modify the procedures provided by this chapter for other methods of discovery.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 5 - DEPOSITIONS AND DISCOVERY (§§ 9-11-26 — 9-11-37) › Section 9-11-29.1 - When depositions and other discovery material must be filed with court; custodian until filing; retention of depositions and other discovery materials

(a)
Depositions and other discovery material otherwise required to be filed with the court under this chapter shall not be required to be so filed unless:
(1)
Required by local rule of court;
(2)
Ordered by the court;
(3)
Requested by any party to the action;
(4)
Relief relating to discovery material is sought under this chapter and said material has not previously been filed under some other provision of this chapter, in which event copies of the material in dispute shall be filed by the movant contemporaneously with the motion for relief; or
(5)
Such material is to be used at trial or is necessary to a pretrial or posttrial motion and said material has not previously been filed under some other provision of this chapter, in which event the portions to be used shall be filed with the clerk of court at the outset of the trial or at the filing of the motion, insofar as their use can be reasonably anticipated by the parties having custody thereof, but a party attempting to file and use such material which was not filed with the clerk at the outset of the trial or at the filing of the motion shall show to the satisfaction of the court, before the court may authorize such filing and use, that sufficient reasons exist to justify that late filing and use and that the late filing and use will not constitute surprise or manifest injustice to any other party in the proceedings.
(b)
Until such time as discovery material is filed under paragraphs (1) through (5) of subsection (a) of this Code section, the original of all depositions shall be retained by the party taking the deposition and the original of all other discovery material shall be retained by the party requesting such material, and the person thus retaining the deposition or other discovery material shall be the custodian thereof.
(c)
When depositions and other discovery material are filed with the clerk of court as provided in subsection (a) of this Code section, the clerk of court shall retain such original documents and materials until final disposition, either by verdict or appeal, of the action in which such materials were filed. The clerk of court shall be authorized thereafter to destroy such materials upon microfilming or digitally imaging such materials and maintaining such materials in a manner that facilitates retrieval and reproduction, so long as the microfilm and digital images meet the standards established by the Division of Archives and History of the University System of Georgia; provided, however, that the clerk of court shall not be required to microfilm or digitally image depositions that are not used for evidentiary purposes during the trial of the issues of the case in which such depositions were filed.
Amended by 2013 Ga. Laws 184,§ 2-1, eff. 7/1/2013.
Amended by 2012 Ga. Laws 599,§ I-1-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 5 - DEPOSITIONS AND DISCOVERY (§§ 9-11-26 — 9-11-37) › Section 9-11-31 - 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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 5 - DEPOSITIONS AND DISCOVERY (§§ 9-11-26 — 9-11-37) › Section 9-11-34.1 - Civil actions for evidence seized in criminal proceedings

Notwithstanding the provisions of Code Section
9-11-34
, in any civil action based upon evidence seized in a criminal proceeding involving any violation of Part 2 of Article 3 of Chapter 12 of Title 16, a party shall not be permitted to copy any books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof.
Added by 2008 Ga. Laws 722,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 5 - DEPOSITIONS AND DISCOVERY (§§ 9-11-26 — 9-11-37) › Section 9-11-35 - Physical and mental examination of persons

(a)
Order for examination.
When the mental or physical condition (including the blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical examination by a physician or to submit to a mental examination by a physician or a licensed psychologist or to produce for examination the person in his custody or legal control. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.
(b)
Report of examining physician or psychologist.
(1)
If requested by the party against whom an order is made under subsection (a) of this Code section or by the person examined, the party causing the examination to be made shall deliver to him a copy of a detailed written report of the examining physician or psychologist setting out his findings, including results of all tests made, diagnoses, and conclusions, together with like reports of all earlier examinations of the same condition.
(2)
Any party shall be entitled, upon request, to receive from the party whose physical or mental condition is in issue, or who is in control of, or has legal custody of, a person whose physical or mental condition is in issue, a report of any and every examination, previously or thereafter made, of the condition in issue, unless, in the case of a report of examination of a person not a party, the party shows that he is unable to obtain it.
(3)
The court, on motion, may make an order against a party requiring delivery of a report under paragraph (1) or (2) of this subsection on such terms as are just; and, if a physician or psychologist fails or refuses to make a report, the court may exclude his testimony if offered at the trial.
(4)
By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege he may have in that action, or any other action involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him in respect to the same mental or physical condition.
(5)
Paragraphs (1) through (4) of this subsection apply to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. Paragraphs (1) through (4) of this subsection do not preclude discovery of a report of an examining physician or psychologist or the taking of a deposition of the physician or psychologist in accordance with any other Code section of this chapter.
Amended by 2001 Ga. Laws 256, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 6 - TRIALS (§§ 9-11-38 — 9-11-53) › Section 9-11-38 - Right to jury trial

The right of trial by jury as declared by the Constitution of the state or as given by a statute of the state shall be preserved to the parties inviolate.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 6 - TRIALS (§§ 9-11-38 — 9-11-53) › Section 9-11-39 - Consent to trial by court; jury trial on court order

(a)
The parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, may consent to trial by the court sitting without a jury.
(b)
In all actions not triable of right by a jury, or where jury trial has been expressly waived, the court may nevertheless order a trial with a jury whose verdict will have the same effect as if trial by jury had been a matter of right or had not been waived.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 6 - TRIALS (§§ 9-11-38 — 9-11-53) › Section 9-11-40 - Time and place of trial

(a)
Time of trial.
All civil cases, including divorce and other domestic relations cases, shall be triable any time after the last day upon which defensive pleadings were required to be filed therein; provided, however, that the court shall in all cases afford to the parties reasonable time for discovery procedures, subsequent to the date that defensive pleadings were required to be filed; provided, further, that, in divorce cases involving service by publication, service shall occur on the date of the first publication of notice following the order for service of publication pursuant to subparagraph (f)(1)(C) of Code Section
9-11-4
, and such divorce cases shall be triable any time after 60 days have elapsed since the date of the first publication of notice.
(b)
Trial in chambers.
The judges of any courts of record may, on reasonable notice to the parties, at any time and at chambers in any county in the circuit, hear and determine by interlocutory or final judgment any matter or issue where a jury trial is not required or has been waived. However, nothing in this subsection shall authorize the trial of any divorce case by consent or otherwise until after the last day upon which defensive pleadings were required by law to be filed therein.
(c)
Assignment of cases for trial.
The courts shall provide for the placing of actions upon the trial calendar:
(1)
Without request of the parties but upon notice to the parties; or
(2)
Upon request of a party and notice to the other parties.
Except for cause, cases shall be placed upon the calendar in chronological order in accordance with filing dates. Precedence shall be given to actions entitled thereto by any statute.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 6 - TRIALS (§§ 9-11-38 — 9-11-53) › Section 9-11-42 - Consolidation; severance

(a)
Consolidation.
When actions involving a common question of law or fact are pending before the court, if the parties consent, the court may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.
(b)
Separate trials.
The court, in furtherance of convenience or to avoid prejudice, may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue, or of any number of claims, cross-claims, counterclaims, third-party claims, or issues.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 6 - TRIALS (§§ 9-11-38 — 9-11-53) › Section 9-11-43 - Evidence

(a)
Evidence on trials.
In all trials the testimony of witnesses shall be taken orally in open court unless otherwise provided by this chapter or by statute.
(b)
Evidence on motions.
When a motion is based on facts not appearing of record, the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions; provided, however, that this provision shall not limit the right of parties to use depositions where they would otherwise be entitled to do so.
(c)
Determination of the law of other jurisdictions.
A party who intends to raise an issue concerning the law of another state or of a foreign country shall give notice in his pleadings or other reasonable written notice. The court, in determining such law, may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under the rules of evidence. The court's determination shall be treated as a ruling on a question of law.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 6 - TRIALS (§§ 9-11-38 — 9-11-53) › Section 9-11-44 - [Repealed] Official records

Repealed by 2011 Ga. Laws 52,§ 11, eff. 1/1/2013.
Reserved. Repealed by Ga. L. 2011, p. 99, § 10/HB 24, effective January 1, 2013.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 11 - CIVIL PRACTICE ACT (§§ 9-11-1 — 9-11-133) › Article 6 - TRIALS (§§ 9-11-38 — 9-11-53) › Section 9-11-46 - Exceptions unnecessary; objections to rulings or orders

(a)
Formal exceptions to rulings or orders of the court are unnecessary. For all purposes for which an exception has heretofore been necessary, it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and his grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him.
(b)
When motion for mistrial or other like relief is made, the question is thereby presented as to whether the moving party is entitled to the relief therein sought or to any lesser relief, and where such motion is denied in whole or in part, it shall not be necessary that the moving party thereafter renew his motion or otherwise seek further ruling by the court.