---
title: O.C.G.A. § 15-5B-15. Conduct of proceedings.
collection: code
id: 15-5B-15
cite_as: O.C.G.A. § 15-5B-15 (2025)
canonical_url: https://georgiacommons.org/code/15-5B-15
md_url: https://georgiacommons.org/code/15-5B-15.md
text_url: https://georgiacommons.org/code/15-5B-15/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t15-ch1-11a-(v13)-pdf.pdf?sfvrsn=9c57686b_0#page=30
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/15-5B.md
previous: https://georgiacommons.org/code/15-5B-14.md
next: https://georgiacommons.org/code/15-5B-16.md
index: https://georgiacommons.org/code/index.md
version: For effective date, see note.
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COURTS / TAX COURTS
extraction_warnings:
  - dehyphenation_unverified:nonprivi-leged
---

# O.C.G.A. § 15-5B-15. Conduct of proceedings.

(a) Except as otherwise provided in this chapter, the provisions of Chapter 11 of Title 9, the “Georgia Civil Practice Act,” shall govern proceedings before the court; provided, however, that the parties to a proceeding shall make every effort to conduct discovery by informal consultation or communication. Upon motion of a party, the frequency or extent of formal discovery methods may be limited by the court if it determines that the discovery is unduly burdensome or expensive when taking into account the amount in controversy, limitations on the parties’ resources, and the importance of the issues at stake in the litigation.

(b) The chief court judge shall, by rules and regulations or by order in a particular proceeding, prescribe the period during which any discovery shall be commenced and completed. After the period for completing discovery has expired, or earlier as the parties may agree, the parties to a proceeding shall stipulate all relevant and nonprivileged matters to the fullest extent to which a complete or qualified agreement can be reached or fairly should be reached. Neither the existence nor the use of the discovery mechanisms authorized by this Code section shall excuse failure to comply with this provision.

(c)(1) A party shall disclose to other parties at a reasonable time prior to the hearing the identity of any individual who may be called at trial to present expert testimony.

(2) Except as otherwise stipulated or directed by the court judge, expert witness disclosure shall, with respect to a witness who is retained or specially employed to provide expert testimony in the case or whose duties as an employee of the party regularly involve giving expert testimony, be accompanied by a written report prepared and signed by the witness if one has been prepared or will be offered at the hearing.

(d) A court judge or the clerk of the court, on the request of any party to the proceeding, shall issue subpoenas requiring the attendance of witnesses and giving of testimony and subpoenas requiring the production of evidence or things.

(e) Any employee of the court designated in writing for such purpose by a court judge, or by the chief court judge if more than one judge has been appointed, may administer oaths.

(f) Any witness who is subpoenaed or whose deposition is taken shall receive the same fees and mileage as a witness in a superior court of this state.

(g) In proceedings before the court, if any party or an agent or employee of a party disobeys or resists any lawful order of process; neglects to produce, after having been ordered to do so, any pertinent book, paper, or document; refuses to appear after having been subpoenaed; upon appearing, refuses to take the oath or affirmation as a witness; or, after taking the oath or affirmation, refuses to testify, the court judge shall have the same rights and powers given any other court under Chapter 11 of Title 9, the “Georgia Civil Practice Act.” If any person or party refuses as specified in this subsection, the court judge may certify the facts to the superior court of the county where the offense is committed for appropriate action, including a finding of contempt.

## History

Code 1981, § 15-5B-15, enacted by Ga. L. 2024, p. 888, § 1-2/HB 1267, effective January 1, 2025.

## Editor's Notes

For information as to the effective date of this Code section, see the effective date note at the beginning of this chapter.