---
title: O.C.G.A. § 9-11-26.1. Deposition from officers; protective orders.
collection: code
id: 9-11-26.1
cite_as: O.C.G.A. § 9-11-26.1 (2025)
canonical_url: https://georgiacommons.org/code/9-11-26.1
md_url: https://georgiacommons.org/code/9-11-26.1.md
text_url: https://georgiacommons.org/code/9-11-26.1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t9-ch11-(v7)-pdf.pdf?sfvrsn=d2c8b7bf_0#page=81
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.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CIVIL PRACTICE / CIVIL PRACTICE ACT / DEPOSITIONS AND DISCOVERY
---

# O.C.G.A. § 9-11-26.1. Deposition from officers; protective orders.

(a) As used in this Code section, the term:

(1) “Officer” means a current or former high-ranking officer of an organization with unique and extensive scheduling demands or responsibilities.

(2) “Organization” includes any governmental entity and any other organization, public or private, that is large and complex.

(b) Good cause for a protective order to prohibit the deposition of an officer may be shown by proof that such person is an officer and lacks unique personal knowledge of any matter that is relevant to the subject matter involved in the pending action.

(c) The party or person seeking a protective order has the burden of establishing the factors provided under subsection (b) of this Code section.

(d) Good cause for a protective order shall not be deemed shown where the party seeking discovery demonstrates that:

(1) Such party has exhausted other reasonable means of discovery and such discovery is inadequate; and

(2) The person seeking the protective order has unique personal knowledge of one or more matters relevant to the subject matter involved in the pending action.

(e) To the extent that the party or person seeking a protective order shows that an officer lacks unique personal knowledge of some, but fewer than all, matters relevant to the subject matter involved in the pending action, the court may limit the scope of the deposition accordingly, rather than prohibiting altogether the deposition of the officer.

## History

Code 1981, § 9-11-26.1, enacted by Ga. L. 2023, p. 248, § 1-2/SB 74, effective May 1, 2023.

## Effective Date

This Code section became effective May 1, 2023.