HB 1208: Civil practice; require depositions to be taken before certified court reporters

Under current Georgia law, depositions (sworn out-of-court testimony taken for use in a lawsuit) taken within the state can be recorded by stenographic means or overseen under rules set by the Board of Court Reporting. This bill rewrites two sections of Georgia's civil procedure law (O.C.G.A. §§ 9-11-28 and 9-11-30) to instead require that any deposition taken within Georgia be conducted before a certified court reporter, using the definition of that term found in O.C.G.A. § 15-14-22. The bill also updates the rule on how deposition testimony must be recorded, replacing the requirement that it be captured by stenographic means with a requirement that a certified court reporter record it, while still allowing sound or video recording in addition. Depositions taken by phone or remote means are still treated as happening in Georgia at the deponent's location. The changes take effect July 1, 2026.

• Requires that depositions taken within Georgia be conducted before a certified court reporter, as defined in O.C.G.A. § 15-14-22.
• Removes the option for depositions to be taken under alternative rules set by the Board of Court Reporting.
• Replaces the requirement that deposition testimony be recorded by stenographic means with a requirement that it be recorded by a certified court reporter.
• Keeps the option for depositions to also be recorded by sound or video in addition to the court reporter's record.
• Sets the effective date for these changes as July 1, 2026.

Attorneys, parties, and witnesses involved in Georgia civil lawsuits who take or give depositions, as well as certified court reporters and the Board of Court Reporting, which currently sets alternative rules that the bill removes.

Anyone involved in Georgia civil litigation would need to make sure depositions are conducted specifically before a certified court reporter rather than under other previously allowed arrangements, which could affect who is qualified to record testimony and how depositions are scheduled and staffed.

• Section 1 revises O.C.G.A. § 9-11-28(a) so depositions taken within Georgia must be before a certified court reporter as defined in O.C.G.A. § 15-14-22, removing the prior allowance for procedures set by the Board of Court Reporting.
• Section 2 revises O.C.G.A. § 9-11-30(b)(4) to require deposition testimony be recorded by a certified court reporter rather than by stenographic means, while still permitting added sound or video recording.
• Section 2 also removes references to depositions taken by nonstenographic means, since recording is now tied to the certified court reporter requirement.
• Section 3 sets the effective date as July 1, 2026.
• Section 4 repeals any conflicting laws.

1. 2026-05-05Effective Date 2026-07-01
2. 2026-05-05Act 387
3. 2026-05-05House Date Signed by Governor (House)
4. 2026-04-06House Sent to Governor (House)
5. 2026-03-27Senate Passed/Adopted (Senate)
6. 2026-03-27Senate Third Read (Senate)
7. 2026-03-19Senate Read Second Time (Senate)
8. 2026-03-18Senate Committee Favorably Reported (Senate)

• Stan Gunter (R, HD-008)Primary sponsor
• James Burchett (R, HD-176)
• Rob Leverett (R, HD-123)
• Tyler Smith (R, HD-018)
• Trey Kelley (R, HD-016)
• Esther Panitch (D, HD-051)
• Bo Hatchett (R, SD-050)

1. PassedHouse voteMarch 7, 2026

   138 yea, 17 nay (4 not voting, 18 absent)

   Passage: House Vote #689

2. PassedSenate voteMarch 27, 2026

   48 yea, 0 nay (3 not voting, 3 absent)

   Passage: Senate Vote #834

• civil litigation
• court reporters
• legal depositions
• Georgia civil procedure