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

26 LC 49 2659S/AP 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 Cod e of Georgia Annotated,1 relating to depositions and discovery, so as to require deposit ions in this state to be taken2 before certified court reporters; to repeal requirements that depositions in this state shall be3 recorded by stenographic means; to provide an effective date; to provide for related matters;4 to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 5 of Chapter 11 of Title 9 of the Official Code of Geor gia Annotated, relating to8 depositions and discovery, is amended in Code Section 9-11-28, relating to persons before9 whom depositions may be taken, disqualification for interest, a nd consent of parties, by10 revising subsection (a) as follows:11 "(a) Within the United States and its possessions. Within the United States or within a12 territory or insular possession subject to the dominion of the United States, depositions13 shall be taken before an officer authorized to administer oaths by the laws of the United14 States or by the laws of the place where the examination is held or before a court reporter15 appointed by the court in which the action is pending or, if , except that within this state,16 H. B. 1208 - 1 - 26 LC 49 2659S/AP depositions shall be taken before a certified court reporter, as such term is defined in Code17 Section 15-14-22 or as otherwise provided by the rules of the Board of Court Reporting. 18 A person so appointed has power to administer oaths and take testimony."19 SECTION 2.20 Said article is further amended in Code Section 9-11-30, relati ng to depositions upon oral21 examination, by revising paragraph (4) of subsection (b) as follows:22 "(4) Recording of deposition. Unless the court orders otherwise, the testimony at a23 deposition must shall be recorded by stenographic means a certified court reporter, as24 such term is defined in Code Section 15-14-22 , and may also be recorded by sound or25 sound and visual means in addition to stenographic means , and the party taking the26 deposition shall bear the costs of the recording. A deposition shall be conducted before27 an officer appointed or designated under Code Section 9-11-28, and within this state such28 deposition shall be conducted before a certified court reporter, as such term is defined in29 Code Section 15-14-22. Upon motion of a party or upon its own motion, the court may30 issue an order designating the manner of recording, preserving, and filing of a deposition31 taken by nonstenographic means, which order may include other provisions to assure that32 the recorded testimony will be accurate and trustworthy. Any p arty may arrange for a33 transcription to be made from the recording of a deposition tak en by nonstenographic34 means. With prior notice to the deponent and other parties, any par ty may designate35 another method to record the deponent's testimony in addition to the methods specified36 by the person taking the deposition. The additional record or transcript shall be made at37 that party's expense unless the court otherwise orders. The appearance or demeanor of38 deponents or attorneys shall not be distorted through camera or sound-recording39 techniques. Notwithstanding the foregoing provisions of this p aragraph, a deposition40 may be taken by telephone or other remote electronic means only upon the stipulation of41 the parties or by order of the court. For purposes of the requirements of this chapter, a42 H. B. 1208 - 2 - 26 LC 49 2659S/AP deposition taken by telephone or other remote electronic means is taken in the this state43 and at the place where the deponent is to answer questions."44 SECTION 3.45 This Act shall become effective on July 1, 2026.46 SECTION 4.47 All laws and parts of laws in conflict with this Act are repealed.48 H. B. 1208 - 3 -