Title 9, Chapter 11, Section 30
(a) When depositions may be taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons and complaint upon any defendant or service made under subsection (f) of Code Section 9-11-4, except that leave is not required if a defendant has served a notice of taking deposition or otherwise sought discovery or if special notice is given as provided in paragraph (2) of subsection (b) of this Code section. The attendance of witnesses may be compelled by 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.
(b) Notice of examination.
(1) General requirements. A party desiring to take the deposition
of any person upon oral examination shall give reasonable notice
in writing to every other party to the action. The notice shall
state the time and place for taking the deposition, the means by
which the testimony shall be recorded, and the name and address of
each person to be examined, if known, and, if the name is not
known, a general description sufficient to identify the person to
be examined or the particular class or group to which he or she
belongs. If a subpoena for the production of documentary and
tangible evidence is to be served on the person to be examined,
the designation of the materials to be produced, as set forth in
the subpoena, shall be attached to, or included in, the notice.
(2) Special notice. Leave of court is not required for the taking
of a deposition by plaintiff if the notice:
(A) States that the person to be examined is about to go out of
the county where the action is pending and more than 150 miles
from the place of trial, or is about to go out of the United
States, or is bound on a voyage to sea, and will be unavailable
for examination unless the deposition is taken before expiration
of the 30 day period; and
(B) Sets forth facts to support the statement.
The plaintiff's attorney shall sign the notice, and said
attorney's signature constitutes a certification by him or her
that, to the best of his or her knowledge, information, and
belief, the statement and supporting facts are true. If a party
shows that, when he or she was served with notice under this
paragraph, he or she was unable through the exercise of diligence
to obtain counsel to represent him or her at the taking of the
deposition, the deposition may not be used against such party.
(3) Time requirements. The court may, for cause shown, enlarge or
shorten the time for taking the deposition.
(4) Recording of deposition. Unless the court orders otherwise, the testimony at a deposition must be recorded by stenographic means, and may also be recorded by sound or sound and visual means in addition to stenographic means, and the party taking the deposition shall bear the costs of the recording. A deposition shall be conducted before an officer appointed or designated under Code Section 9-11-28. Upon motion of a party or upon its own motion, the court may issue an order designating the manner of recording, preserving, and filing of a deposition taken by nonstenographic means, which order may include other provisions to assure that the recorded testimony will be accurate and trustworthy. Any party may arrange for a transcription to be made from the recording of a deposition taken by nonstenographic means. With prior notice to the deponent and other parties, any party may designate another method to record the deponent's testimony in addition to the methods specified by the person taking the deposition. The additional record or transcript shall be made at that party's expense unless the court otherwise orders. The appearance or demeanor of deponents or attorneys shall not be distorted through camera or sound-recording techniques. Notwithstanding the foregoing provisions of this paragraph, a deposition may be taken by telephone or other remote electronic means only upon the stipulation of the parties or by order of the court. For purposes of the requirements of this chapter, a deposition taken by telephone or other remote electronic means is taken in the state and at the place where the deponent is to answer questions.
(5) Production of documents and things. The notice to a party deponent may be accompanied by a request made in compliance with Code Section 9-11-34 for the production of documents and tangible things at the taking of the deposition. The procedure of Code Section 9-11-34 shall apply to the request.
(6) Deposition of organization. A party may, in his or her
notice, name as the deponent a public or private corporation or a
partnership or association or a governmental agency and designate
with reasonable particularity the matters on which examination is
requested. The organization so named shall designate one or more
officers, directors, or managing agents, or other persons who
consent to testify on its behalf, and may set forth, for each
person designated, the matters on which he or she will testify.
The persons so designated shall testify as to matters known or
reasonably available to the organization. This paragraph does not
preclude taking a deposition by any other procedure authorized in
(c) Examination and cross-examination; record of examination; oath;
(1) Examination and cross-examination of witnesses may proceed as
permitted at the trial under the rules of evidence. The
authorized officer or court reporter before whom the deposition is
to be taken shall put the witness on oath and shall personally, or
by someone acting under the direction and in the presence of the
authorized officer or court reporter, record the testimony of the
(2) All objections made at the time of the examination to the
qualifications of the officer taking the deposition, or to the
manner of taking it, or to the evidence presented, or to the
conduct of any party, and any other objection to the proceedings
shall be noted by the officer upon the deposition. Evidence
objected to shall be taken subject to the objections. In lieu of
participating in the oral examination, parties may serve written
questions in a sealed envelope on the party taking the deposition,
and said party shall transmit them to the officer, who shall
propound them to the witness and record the answers verbatim.
(3) Unless otherwise ordered by the court or agreed by the
parties, the officer shall retain the record of each deposition
until the later of (A) five years after the date on which the
deposition was taken, or (B) two years after the date of final
disposition of the action for which the deposition was taken and
any appeals of such action. The officer may preserve the record
through storage of the original paper, notes, or recordings or an
electronic copy of the notes, recordings, or the transcript on
computer disks, cassettes, backup tape systems, optical or laser
disk systems, or other retrieval systems.
(d) Motion to terminate or limit examination. At any time during the taking of the deposition, on motion of a party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending or the court in the county where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition or may limit the scope and manner of the taking of the deposition as provided in subsection (c) of Code Section 9-11-26. If the order made terminates the examination, it shall be resumed thereafter only upon the order of the court in which the action is pending. Upon demand of the objecting party or deponent, the taking of the deposition shall be suspended for the time necessary to make a motion for an order. Paragraph (4) of subsection (a) of Code Section 9-11-37 applies to the award of expenses incurred in relation to the motion.
(e) Review by witness; changes; signing. If requested by the deponent or a party before completion of the deposition, the deponent shall have 30 days after being notified by the officer that the transcript or recording is available in which to review the transcript or recording and, if there are changes in form or substance, to sign a statement reciting such changes and the reasons given by the deponent for making them. The officer shall indicate in the certificate prescribed by paragraph (1) of subsection (f) of this Code section whether any review was requested and, if so, shall append any changes made by the deponent during the period allowed. If the deposition is not reviewed and signed by the witness within 30 days of its submission to him or her, the officer shall sign it and state on the record that the deposition was not reviewed and signed by the deponent within 30 days. The deposition may then be used as fully as though signed unless, on a motion to suppress under paragraph (4) of subsection (d) of Code Section 9-11-32, the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.
(f) Certification and filing by officer; inspection and copying of
exhibits; copy of deposition.
(1)(A) The officer shall certify that the witness was duly sworn by the officer and that the deposition is a true record of the testimony given by the witness. This certificate shall be in writing and accompany the record of the deposition. The officer shall then securely seal the deposition in an envelope marked with the title of the action, the court reporter certification number, and "Deposition of (here insert name of witness)" and shall promptly file it with the court in which the action is pending or deliver it to the party taking the deposition, as the case may be, in accordance with Code Section 9-11-29.1.
(B) Documents and things produced for inspection during the
examination of the witness shall, upon the request of a party,
be marked for identification and annexed to and returned with
the deposition and may be inspected and copied by any party,
except that the person producing the materials may substitute
copies to be marked for identification, if he or she affords to
all parties fair opportunity to verify the copies by comparison
with the originals; and, if the person producing the materials
requests their return, the officer shall mark them, give each
party an opportunity to inspect and copy them, and return them
to the person producing them, and the materials may then be used
in the same manner as if annexed to and returned with the
deposition. Any party may move for an order that the original be
annexed to and returned with the deposition to the court,
pending final disposition of the case.
(2) Upon payment of reasonable charges therefor, the officer shall
furnish a copy of the deposition to any party or to the deponent.
(g) Failure to attend or to serve subpoena; expenses.
(1) If the party giving the notice of the taking of a deposition
fails to attend and proceed therewith and another party attends in
person or by attorney pursuant to the notice, the court may order
the party giving the notice to pay to such other party the
reasonable expenses incurred by him and his attorney in attending,
including reasonable attorney's fees.
(2) If the party giving the notice of the taking of a deposition
of a witness fails to serve a subpoena upon him and the witness,
because of such failure, does not attend and if another party
attends in person or by attorney because he expects the deposition
of that witness to be taken, the court may order the party giving
the notice to pay to such other party the reasonable expenses
incurred by him and his attorney in attending, including
reasonable attorney's fees.
(h) Form of presentation. Except as otherwise directed by the court,
a party offering deposition testimony may offer it in stenographic
or nonstenographic form, but if in nonstenographic form, the party
shall also provide the court with a transcript of the portions so
offered. On request of any party in a case tried before a jury,
deposition testimony offered other than for impeachment purposes
shall be presented in nonstenographic form, if available, unless the
court for good cause orders otherwise.