Except as provided in Code Section 24-13-137, a deposition shall be taken and filed in the manner provided in civil proceedings or any nonjury motion hearing, provided that (1) in no event shall a deposition be taken of an accused party without his or her consent and (2) the scope of examination and cross-examination shall be such as would be allowed in the trial itself. On request or waiver by the accused, the court may direct that a deposition be taken on written interrogatories in the manner provided in civil proceedings. Such request shall constitute a waiver by the accused of any objection to the taking and use of the deposition based upon its being so taken. If a judge has been designated to rule on objections or to preside over the deposition, objections to interrogation of the witness shall be made to and ruled on by such judge in the same manner as at the trial of a criminal proceeding.
(Code 1981, §24-13-133, enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2019, p. 845, § 5-2/HB 239.)
The 2019 amendment, effective May 7, 2019, inserted "or any nonjury motion hearing" near the middle of the first sentence of this Code section.
Law reviews.- For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 1 (2019).