10 LC 29
4092
Senate
Bill 379
By:
Senator Hamrick of the 30th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 9-11-26 of the Official Code of Georgia Annotated, relating
to general provisions governing discovery, so as to provide for a conference of
the parties to discuss and plan for discovery in advance of pursuing any actual
discovery; to change a provision relating to the sequence and timing of
discovery; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 9-11-26 of the Official Code of Georgia Annotated, relating to general
provisions governing discovery, is amended by revising subsection (d) as
follows:
"(d)
Sequence and timing of
discovery.
A party shall
not seek discovery from any source before the parties have conferred as required
by subsection (f) of this Code section, except when authorized by court
order. Unless the court, upon motion, for
the convenience of parties and witnesses and in the interests of justice, orders
otherwise, methods of discovery may be used in any sequence; and the fact that a
party is conducting discovery, whether by deposition or otherwise, shall not
operate to delay any other party's discovery."
SECTION
2.
Said
Code section is further amended by adding a new subsection to read as
follows:
"(f)
Conference
of the parties; planning for discovery.
(1)
CONFERENCE
TIMING.
Except in a civil action exempted from initial disclosure under subparagraph (B)
of paragraph (3) of this subsection or when the court orders otherwise, the
parties shall confer as soon as practicable and in any event at least 21 days
before a pretrial conference is to be held or a pretrial order is due under
subsection (b) of Code Section 9-11-16.
(2)
CONFERENCE
CONTENT; PARTIES'
RESPONSIBILITIES.
In conferring, the parties shall consider the nature and basis of their claims
and defenses and the possibilities for promptly settling or resolving the case;
make or arrange for the disclosures required by paragraph (3) of this
subsection; discuss any issues about preserving discoverable information; and
develop a proposed discovery plan. The attorneys of record and all
unrepresented parties that have appeared in the case are jointly responsible for
arranging the conference, for attempting in good faith to agree on the proposed
discovery plan, and for submitting to the court within 14 days after the
conference a written report outlining the plan.
(3)
REQUIRED
DISCLOSURES.
(A)
Except as exempted by subparagraph (B) of this paragraph or as otherwise
stipulated or ordered by the court, a party shall, without awaiting a discovery
request, provide to the other parties:
(i)
The name and, if known, the address and telephone number of each individual
likely to have discoverable information, along with the subjects of that
information, that the disclosing party may use to support its claims or
defenses, unless the use would be solely for impeachment;
(ii)
A copy, or a description by category and location, of all documents,
electronically stored information, and tangible things that the disclosing party
has in its possession, custody, or control and may use to support its claims or
defenses, unless the use would be solely for impeachment;
(iii)
A computation of each category of damages claimed by the disclosing party, who
shall also make available for inspection and copying pursuant to Code Section
9-11-34 the documents or other evidentiary material, unless privileged or
protected from disclosure, on which each computation is based, including
materials bearing on the nature and extent of injuries suffered;
and
(iv)
For inspection and copying pursuant to Code Section 9-11-34, any insurance
agreement under which an insurance business may be liable to satisfy all or part
of a possible judgment in the civil action or to indemnify or reimburse for
payments made to satisfy the judgment.
(B)
The following civil actions shall be exempt from initial
disclosure:
(i)
A civil action for review on an administrative record;
(ii)
A forfeiture action in rem;
(iii)
A petition for habeas corpus or any other civil action to challenge a criminal
conviction or sentence;
(iv)
A civil action brought without an attorney by a person in the custody of this
state or one of its political subdivisions;
(v)
An action to enforce or quash an administrative summons or
subpoena;
(vi)
An action by this state to recover benefit payments;
(vii)
A civil action ancillary to a civil action in another court; and
(viii)
An action to enforce an arbitration award.
(C)
A party shall make the initial disclosures within 14 days after the parties'
conference pursuant to this subsection unless a different time is set by
stipulation or court order or unless a party objects during the conference that
initial disclosures are not appropriate in that civil action and states the
objection in the proposed discovery plan. In ruling on the objection, the court
shall determine what disclosures, if any, are to be made and shall set the time
for disclosure.
(D)
A party that is first served or otherwise joined after the conference required
by this subsection shall make its initial disclosures within 30 days after being
served or joined, unless a different time is set by stipulation or court
order.
(E)
A party shall make its initial disclosures based on the information then
reasonably available to it. A party shall not be excused from making its
disclosures because it has not fully investigated the case, because it
challenges the sufficiency of another party's disclosures, or because another
party has not made its disclosures.
(4)
DISCOVERY
PLAN. A
discovery plan shall state the parties' views and proposals on:
(A)
What changes should be made in the timing, form, or requirement for disclosures
under paragraph (3) of this subsection, including a statement of when initial
disclosures were made or will be made;
(B)
The subjects on which discovery may be needed, when discovery should be
completed, and whether discovery should be conducted in phases or be limited to
or focused on particular issues;
(C)
Any issues about disclosure or discovery of electronically stored information,
including the form in which it should be produced;
(D)
Any issues about claims of privilege or of protection as trial preparation
materials, including, if the parties agree on a procedure to assert these claims
after production, whether to ask the court to include their agreement in an
order;
(E)
What changes should be made in the limitations on discovery imposed under this
subsection or by local rule, and what other limitations should be imposed;
and
(F)
Any other protective orders that the court should issue.
(5)
EXPEDITED
SCHEDULE. If
necessary to comply with its expedited schedule for pretrial conferences, a
court may by local rule:
(A)
Require the parties' conference pursuant to this subsection to occur less than
21 days before the pretrial conference is held or a pretrial order is due under
subsection (b) of Code Section 9-11-16; and
(B)
Require the written report outlining the discovery plan to be filed less than 14
days after the parties' conference pursuant to this subsection or excuse the
parties from submitting a written report and permit them to report orally on
their discovery plan at the pretrial
conference."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.