Georgia CommonsHB 1208: Civil practice; require depositions to be taken before certified court reporters
Enrolled version, the latest LegiScan holds · Last action May 5, 2026 · Passed
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
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.