Bill Text: GA HB917 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Uniform Interstate Depositions and Discovery Act; enact
Spectrum: Partisan Bill (Republican 7-0)
Status: (Engrossed - Dead) 2010-04-20 - Senate Read Second Time [HB917 Detail]
Download: Georgia-2009-HB917-Comm_Sub.html
10 LC 29
4173S
House
Bill 917 (COMMITTEE SUBSTITUTE)
By:
Representatives Jacobs of the
80th,
Lindsey of the
54th,
Willard of the
49th,
Powell of the
171st,
Collins of the
27th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating
to securing attendance of witnesses and production and preservation of evidence,
so as to repeal the "Uniform Foreign Depositions Act" and to replace such Act
with the "Uniform Interstate Depositions and Discovery Act"; to provide for a
short title; to provide for definitions; to provide for issuance and service of
subpoenas; to provide for depositions and production and inspection of documents
and tangible evidence; to provide for protective orders; to provide for related
matters; to provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
10 of Title 24 of the Official Code of Georgia Annotated, relating to securing
attendance of witnesses and production and preservation of evidence, is amended
by repealing Article 6, the "Uniform Foreign Depositions Act," and enacting a
new Article 6 to read as follows:
"ARTICLE
6
24-10-110.
This
article shall be known and may be cited as the 'Uniform Interstate Depositions
and Discovery Act.'
24-10-111.
As
used in this article, the term:
(1)
'Foreign jurisdiction' means a state other than this state.
(2)
'Foreign subpoena' means a subpoena issued under authority of a court of record
of a foreign jurisdiction.
(3)
'Person' means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, public
corporation, government or governmental subdivision, agency, or instrumentality,
or any other legal or commercial entity.
(4)
'State' means a state of the United States, the District of Columbia, Puerto
Rico, the United States Virgin Islands, a federally recognized Native American
tribe, or any territory or insular possession subject to the jurisdiction of the
United States.
(5)
'Subpoena' means a document, however denominated, issued under authority of a
court of record requiring a person to:
(A)
Attend and give testimony at a deposition;
(B)
Produce and permit inspection and copying of designated books, documents,
records, electronically stored information, or tangible things in the
possession, custody, or control of such person; or
(C)
Permit inspection of premises under the control of such person.
24-10-112.
(a)
To request issuance of a subpoena under this Code section, a party shall submit
a foreign subpoena to the clerk of superior court of the county in which the
person receiving the subpoena resides. A request for the issuance of a subpoena
under this Code section shall not constitute an appearance in the courts of this
state.
(b)
When a party submits a foreign subpoena to a clerk of superior court in this
state, the clerk shall promptly issue and provide to the requestor a subpoena
for service upon the person to which the foreign subpoena is
directed.
(c)
A subpoena under subsection (b) of this Code section shall:
(1)
Incorporate the terms used in the foreign subpoena; and
(2)
Contain or be accompanied by the names, addresses, and telephone numbers of all
counsel of record in the proceeding to which the subpoena relates and of any
party not represented by counsel.
(d)
This Code section shall not apply to criminal proceedings.
24-10-113.
(a)
For purposes of this Code section, the term 'subpoena' shall have only the
meaning set forth in subparagraph (A) of paragraph (5) of Code Section
24-10-111.
(b)
In addition to the mechanism for issuing subpoenas provided for in Code Section
24-10-112, whenever any mandate, writ, or commission is issued out of any court
of record in a foreign jurisdiction, or whenever upon notice or agreement it is
required to take the testimony of a witness in this state, a witness may be
compelled by subpoena issued by the clerk of superior court of the county in
which such witness resides to appear and testify in the same manner and by the
same process and proceeding as may be employed for the purpose of taking
testimony in proceedings pending in this state.
24-10-114.
A
subpoena issued by the clerk of superior court under Code Section 24-10-112 or
24-10-113 shall be served in compliance with Code Section 24-10-23 and shall be
served within a reasonable time prior to the appearance required by such
subpoena.
24-10-115.
Part
1 of Article 2 of this chapter shall apply to subpoenas issued under Code
Section 24-10-112 or 24-10-113.
24-10-116.
An
application for a protective order or to enforce, quash, or modify a subpoena
issued by the clerk of superior court under Code Section 24-10-112 or 24-10-113
shall comply with the statutes and court rules of this state and shall be
submitted to the superior court of the county in which the subpoena was
issued."
SECTION
2.
This
Act shall become effective on July 1, 2010, and shall apply to requests for
discovery served on or after July 1, 2010, in actions pending on or after July
1, 2010.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.