Nothing happens automatically, but the other side has a straightforward path to a court order, an award of fees against you, and worse.
The Motion to Compel
Under OCGA 9-11-37(a), a party whose opponent fails to answer an interrogatory, fails to appear for a deposition, or fails to respond to a request for documents may apply for an order compelling discovery. Uniform Superior Court Rule 6.4(A) requires that motion to quote verbatim or attach each interrogatory, request for admission, or request for production at issue, along with the response claimed to be insufficient and the reasons supporting the motion. Under OCGA 9-11-37(a)(4) the court may order the party who lost the motion to pay the reasonable expenses of bringing it, including attorney fees.
Ignoring the Order Is Contempt
In Franklin v. Gude, 259 Ga. App. 521 (2003), a party did not appear for her deposition. The trial court ordered her to pay $1,000 in attorney fees and $84 in costs. She did not pay, and the court found her in wilful contempt. The Court of Appeals affirmed, noting that relying on a lawyer’s advice in disobeying a court order does not by itself prevent a finding of wilfulness.
A False Answer Is Worse Than No Answer
OCGA 9-11-37(d) lets a court impose sanctions for a complete failure to answer, without any prior order to compel. In Resurgens, P.C. v. Elliott, 301 Ga. 589 (2017), the Georgia Supreme Court held that “an intentionally false response to a written discovery request, particularly when it concerns a pivotal issue in the litigation, equates to a total failure to respond,” and so triggers those sanctions.
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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!