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Official Code of Georgia Annotated

Title 24. EVIDENCE · Chapter 13. SECURING ATTENDANCE OF WITNESSES AND PRODUCTION AND PRESERVATION OF EVIDENCE · Article 6. DEPOSITIONS TO PRESERVE TESTIMONY IN CRIMINAL PROCEEDINGS

24-13-133. Manner of taking and filing deposition.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. Except as provided in Code Section 24-13-137, a deposition shall be taken and filed in the manner provided in civil proceedings or any nonjury motion hearing, provided that (1) in no event shall a deposition be taken of an accused party without his or her consent and (2) the scope of examination and cross-examination shall be such as would be allowed in the trial itself. On request or waiver by the accused, the court may direct that a deposition be taken on written interrogatories in the manner provided in civil proceedings. Such request shall constitute a waiver by the accused of any objection to the taking and use of the deposition based upon its being so taken. If a judge has been designated to rule on objections or to preside over the deposition, objections to interrogation of the witness shall be made to and ruled on by such judge in the same manner as at the trial of a criminal proceeding.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 24-13-133, enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2019, p. 845, § 5-2/HB 239.

Law reviews

For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 1 (2019).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t24-ch8-14-(v20a)-2023-pdf.pdf, Volume V20A, 2023 edition, page 544; merge action: carried; file SHA-256 5c80296e7624.