HB1208: HB1208 Civil practice; require depositions to be taken before certified court reporters

Georgia law currently sets rules for who can preside over depositions (formal question-and-answer sessions used in lawsuits before trial) and how the testimony gets recorded. Under current law, depositions could be taken before various officers authorized to give oaths, and testimony generally had to be recorded stenographically (typed shorthand). This bill changes Georgia's deposition rules (O.C.G.A. §§ 9-11-28 and 9-11-30) so that any deposition taken within Georgia must be conducted before a certified court reporter, a title defined and licensed under O.C.G.A. § 15-14-22 or under rules set by the Board of Court Reporting. It removes the old requirement that testimony be recorded specifically by stenographic means, instead saying the certified court reporter records the testimony, while still allowing sound or video recording in addition. The party taking the deposition still pays for the recording. The change takes effect July 1, 2026.

• Requires that any deposition taken within Georgia be conducted before a certified court reporter, as defined in O.C.G.A. § 15-14-22.
• Removes the prior rule that deposition testimony must be recorded by stenographic means, replacing it with a requirement that a certified court reporter record it.
• Keeps the option for parties to also record depositions by sound or video in addition to the court reporter's record.
• Keeps the existing rule that the party taking the deposition pays the cost of recording it.
• Sets the effective date of the changes as July 1, 2026.
• Repeals any existing Georgia laws that conflict with the new requirements.

Lawyers, litigants, and parties involved in Georgia civil lawsuits who take or attend depositions, as well as court reporters and the Board of Court Reporting, which certifies them. Officers previously authorized to preside over depositions without certification are also affected.

Depositions are a routine part of Georgia civil litigation, and this bill changes who is allowed to run them within the state. Parties would need to make sure a certified court reporter, not just any oath-authorized officer, is present for in-state depositions starting July 1, 2026.

• Section 1 amends O.C.G.A. § 9-11-28(a) to require that depositions taken within Georgia be conducted before a certified court reporter as defined in O.C.G.A. § 15-14-22 or under Board of Court Reporting rules.
• Section 2 amends O.C.G.A. § 9-11-30(b)(4) to require a certified court reporter to record deposition testimony taken in Georgia, removing the prior stenographic-means-only requirement while still allowing added sound or video recording.
• Section 2 keeps the rule that the party taking the deposition bears the cost of recording it.
• Section 3 sets the effective date as July 1, 2026.
• Section 4 repeals any conflicting Georgia 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
• depositions
• court reporters
• Georgia courts