---
title: HB 1208. Civil practice; require depositions to be taken before certified court reporters
collection: bills
id: 2025-2026/hb1208
cite_as: HB 1208, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1208
md_url: https://georgiacommons.org/bills/2025-2026/hb1208.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1208/text
source_url: https://www.legis.ga.gov/legislation/72884
date: 2026-05-05
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 979
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1208.md?full=1
bill_number: HB 1208
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-05
last_action: Effective Date 2026-07-01
sponsors:
- Stan Gunter
- James Burchett
- Rob Leverett
- Tyler Smith
- Trey Kelley
- Esther Panitch
- Bo Hatchett
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1208/2025
upstream_id: 2110016
summaries_model: claude-sonnet-5
topic_tags:
- civil litigation
- court reporters
- legal depositions
- Georgia civil procedure
---
# HB 1208. Civil practice; require depositions to be taken before certified court reporters
## Text
House Bill 1208 (AS PASSED HOUSE AND SENATE)
By: Representatives Gunter of the 8th, Burchett of the 176th, Leverett of the 123rd, Smith of
the 18th, Kelley of the 16th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated,
relating to depositions and discovery, so as to require depositions in this state to be taken
before certified court reporters; to repeal requirements that depositions in this state shall be
recorded by stenographic means; to provide an effective date; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to
depositions and discovery, is amended in Code Section 9-11-28, relating to persons before
whom depositions may be taken, disqualification for interest, and consent of parties, by
revising subsection (a) as follows:
"(a) 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, except that within this state,
depositions shall be taken before a certified court reporter, as such term is defined in Code
Section 15-14-22 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."
SECTION 2.
Said article is further amended in Code Section 9-11-30, relating to depositions upon oral
examination, by revising paragraph (4) of subsection (b) as follows:
"(4) Recording of deposition. Unless the court orders otherwise, the testimony at a
deposition must shall be recorded by stenographic means a certified court reporter, as
such term is defined in Code Section 15-14-22, 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, and within this state such
deposition shall be conducted before a certified court reporter, as such term is defined in
Code Section 15-14-22. 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 this state
and at the place where the deponent is to answer questions."
SECTION 3.
This Act shall become effective on July 1, 2026.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 1208 would require that depositions taken in Georgia be conducted before a certified court reporter, removing the older option of stenographic recording without that certification.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Passed (2026-05-05)
- Last action: Effective Date 2026-07-01 (2026-05-05)
- Sponsors: Stan Gunter, James Burchett, Rob Leverett, Tyler Smith, Trey Kelley, Esther Panitch, Bo Hatchett
- Official page: https://www.legis.ga.gov/legislation/72884
> The history, votes, and amendments (979 characters) are at https://georgiacommons.org/bills/2025-2026/hb1208.md?full=1