A deposition is sworn testimony taken out of court, in a conference room, with a court reporter recording every word.
How One Is Set
Under OCGA 9-11-30, a party takes another party’s deposition by serving a written notice stating the time and place. No subpoena is needed for a party. A witness who is not a party has to be subpoenaed. The testimony is given under oath and can be read back later, which is why a deposition often does more to settle a divorce than anything else in discovery.
Seven Hours
Uniform Superior Court Rule 5.3 provides that “[u]nless otherwise authorized by the court or stipulated by the parties, a deposition is limited to one day of seven hours.” The court must allow more time if a fair examination requires it, or if the deponent or someone else is delaying things.
A Spouse Who Moved Out of State
In Blanton v. Blanton, 259 Ga. 622 (1989), a wife moved from Lowndes County to Texas after her husband filed for divorce, and the Georgia Supreme Court held that she could not be compelled to return to Georgia to be deposed.
The Supreme Court narrowed that holding three years later. In Warehouse Home Furnishings Distributors v. Davenport, 261 Ga. 853 (1992), it held that the geographic limits in OCGA 9-11-45(b) reach only people who have to be subpoenaed, and not a party who is simply served with a notice of deposition. So Blanton still protects an out-of-state witness, but it no longer protects an out-of-state spouse. Where coming to Georgia would be oppressive or unduly expensive, the answer is to ask the judge for relief rather than to refuse to appear.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!