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 <del>or, if,</del> <ins>except that</ins> within this state,
<ins>depositions shall be taken</ins> before a certified court reporter, <ins>as such term is defined in Code
Section 15-14-22</ins> <del>or as otherwise provided by the rules of the Board of Court Reporting.
</del> 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 <del>must</del> <ins>shall</ins> be recorded by <del>stenographic means</del> <ins>a certified court reporter, as
such term is defined in Code Section 15-14-22,</ins> and may also be recorded by sound or
sound and visual means <del>in addition to stenographic means,</del> 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, <ins>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.</ins> 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
<del>taken by nonstenographic means,</del> 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 <del>taken by nonstenographic
means.</del> 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 <del>the</del> <ins>this</ins> 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.