Georgia 2023-2024 Regular Session

Georgia Senate Bill SB431

Introduced
1/30/24  
Refer
1/31/24  
Introduced
1/30/24  

Caption

Civil Practice Act; certain factors from consideration in discovery determinations; remove

Impact

The bill's implementation will have significant implications for how depositions are conducted and how discovery is handled in civil cases across Georgia. By repealing the existing Code Section related to depositions from high-ranking officials and protective orders, SB431 potentially reduces the complexity involved in these cases, allowing for a more streamlined approach to obtaining necessary evidence. This alteration is expected to affect the dynamics of attorney-client interactions and the overall litigation strategy, influencing how cases are prepared and presented in court.

Summary

Senate Bill 431 amends Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, focusing specifically on the discovery process under the Civil Practice Act. The bill seeks to streamline the factors considered during discovery determinations by removing certain provisions outlined in Code Section 9-11-26.1. This change is aimed at simplifying legal procedures surrounding depositions and protecting parties from undue burden or conflict during the discovery phase of litigation. The overarching goal of this bill is to enhance efficiency within the legal system while ensuring justice is served.

Contention

While SB431 aims to clarify and expedite the discovery process, there may be concerns from some legal practitioners regarding the potential for increased challenges in protecting sensitive information during depositions. The removal of certain considerations in protective orders could raise issues about confidentiality and the ability of parties to safeguard proprietary information during legal inquiries. As the bill moves forward, it is crucial to balance efficiency with the need for robust mechanisms that protect individuals and entities involved in litigation from potential abuses during the discovery process.

Companion Bills

No companion bills found.

Previously Filed As

GA HB530

Civil practice; protective orders for certain high-ranking officers; provide

GA SB74

Commerce and Trade, Courts, and Torts; the disclosure of the nature and practices of businesses that provide legal services; require

GA SB200

"Civil Practice Act"; high ranking government or corporate officer of whom a deposition is sought to seek a protective order; provide

GA SB235

Civil discovery.

GA SB68

Civil Practice; substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, damages, and liability in tort actions; provide

GA SB66

Civil discovery.

GA SB202

Discovery; discovery in misdemeanor cases; change provisions

GA HB463

Provides relative to pleadings and discovery in certain civil actions

GA SB17

Civil discovery: sanctions.

GA SB322

Oklahoma Discovery Code; requiring inclusion of certain information in initial disclosures. Effective date.

Similar Bills

CA AB383

Civil actions: discovery status conference.

CA SB554

Restraining orders.

CA SB741

Domestic violence restraining orders: prehearing discovery.

IA HSB42

A bill for an act relating to discovery and postconviction procedure.

IA SF393

A bill for an act relating to discovery and postconviction procedure.(Formerly SSB 1009.)

IA SSB1009

A bill for an act relating to discovery and postconviction procedure.(See SF 393.)

CA AB1987

Discovery: postconviction.

CA AB1036

Criminal procedure: postconviction discovery.