Discovery and Deposition FAQ
What is Discovery?
Discovery is the process which allows each party to try to secure information
from the other party, or from others, about the case to help them prepare
for trial or to enable them to resolve the case once the facts are more
fully developed. The right of "Discovery" includes the right
to obtain documents, written answers to written questions (Interrogatories)
and the ability to inspect (persons, places and things). Sometimes discovery
includes the right to seek a medical or mental evaluation of a party
or others. There are many formalities involved, but generally, Discovery
is a process to help parties and their lawyers learn what the facts
are either from the other party or from third parties.
What is a Deposition?
A deposition is an opportunity to take the sworn testimony of a party
or witness prior to trial. This may done to learn facts about the case
or to secure evidence just in case the witness is not available at trial
(then the sworn deposition testimony might be substituted for live testimony
at trial). The testimony is taken by one party's attorney asking questions
of the witness (or the other party) while a court reporter "takes
down" the testimony for subsequent transcription.
Is there a time limit for how long a deposition
may last?
Yes, the rules change and have certain exceptions, but generally in
Georgia there is a seven hour limit unless extended by agreement or
by the court.
What are Interrogatories?
Interrogatories are written questions which require a written and sworn
response. They can be used to learn more about the other party's position
or understanding of the facts of the case.
Is there a limit to how many Interrogatories
can be asked?
Yes, in Georgia, you are permitted to ask only fifty (50) Interrogatories
unless the court grants permission for more.
What if someone refuses to cooperate with
discovery?
If someone refuses to cooperate by failing to produce requested documents,
failing to answer Interrogatories, or failing to appear at a deposition,
the Court may sanction that person in many different ways, including
striking their pleadings and assessing litigation costs against them.
Can I object to Discovery?
Yes, a proper document must be filed with the Court. The Court will
then determine whether the discovery request should be complied with
or not.
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