Persons Before Whom Depositions May Be Taken; Disqualification for Interest; Consent of Parties

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Civil Practice Act
  5. Depositions and Discovery
  6. Persons Before Whom Depositions May Be Taken; Disqualification for Interest; Consent of Parties

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  1. 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.
  2. 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)."
  3. 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.

(Ga. L. 1966, p. 609, § 28; Ga. L. 1993, p. 1315, § 3; Ga. L. 1994, p. 1007, § 1; Ga. L. 1999, p. 848, § 1.)

Law reviews.

- For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 58 (1994).

OPINIONS OF THE ATTORNEY GENERAL

Contracts for reporting depositions.

- Court reporter may enter into contracts for reporting depositions so long as the contract does not render the reporter an "employee" or "financially interested in the action"; however, charging different rates to various participants in a single deposition may constitute the charging of "unreasonable" fees and court reporters may not provide kickbacks to a party. 1993 Op. Att'y Gen. No. 93-18.

Disclosure requirements.

- Requirement of disclosing the complete arrangements includes disclosing the costs to be charged to the person making the arrangements for the court reporter's services. 1995 Op. Att'y Gen. No. U95-10.

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Depositions and Discovery, § 80.

C.J.S.

- 26B C.J.S., Depositions, §§ 21 et seq., 74 et seq. 35A C.J.S., Federal Civil Procedure, §§ 615, 632.

ALR.

- Right to revoke license of foreign corporation for bringing suit in, or removing suit to, federal court, 21 A.L.R. 188.

Pleadings, depositions, testimony, or statements in court as constituting a sufficient writing within the statute of frauds, 22 A.L.R. 735.

Jurisdiction to require a nonresident party to an action to submit to adverse examination, 154 A.L.R. 849.

Statements of parties or witnesses as subject of pretrial or other disclosure, production, or inspection, 73 A.L.R.2d 12.


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