ga-discovery · diff
v0.1.0 to v0.1.0
179 added, 31 removed. Audit A to A.
---
name: ga-discovery
description: >
- Use when drafting, responding to, or compelling discovery in a Georgia civil case. Covers RFPs, RFAs, depositions, interrogatories (if available under state rules), meet-and-confer mechanics, and motion to compel.
+ This skill should be used when drafting, responding to, or
+ compelling discovery in a Georgia civil case. Triggers include
+ "Georgia interrogatories", "interrogatories under O.C.G.A.
+ § 9-11-33", "requests for production Georgia", "requests for
+ admission deemed admitted", "RFA Georgia", "Georgia deposition",
+ "discovery period", "discovery deadline Georgia", "motion to compel
+ Georgia", "protective order Georgia", "subpoena Georgia". Covers the
+ Georgia Civil Practice Act discovery framework (O.C.G.A. §§ 9-11-26
+ to 9-11-37): the scope of discovery, the 50-interrogatory cap,
+ requests for production, the requests-for-admission deemed-admitted
+ trap, depositions, the 30-day (45-day if served with the summons)
+ response window, the six-month USCR 5 discovery period, protective
+ orders, supplementation, motions to compel with expenses, and
+ subpoenas.
version: 0.1.0
---
# Georgia Discovery
- > **TODO**: Author substantive content. This is a scaffolded
- > stub. Research the Georgia analog from authoritative sources
- > before writing — do not search-and-replace from another
- > state plugin.
+ > **NOT LEGAL ADVICE.** This skill helps draft and respond to
+ > discovery. Verify against the current Georgia Civil Practice Act,
+ > the Uniform Court Rules, and the assigned judge's standing orders
+ > before serving or filing.
- > **NOT LEGAL ADVICE.** This skill is a procedural and
- > drafting aid, not legal advice. Verify current rules,
- > deadlines, and venue-specific practices before filing.
- > Pair with substantive review by counsel where stakes
- > warrant.
+ Use this skill alongside `ga-statewide-format`, `ga-law-references`,
+ and (where applicable) `ga-first-30-days`. Georgia civil discovery
+ derives from the **Georgia Civil Practice Act, O.C.G.A. §§ 9-11-26
+ through 9-11-37**, with the discovery *period* set by the Uniform
+ Court Rules.
- ## State context
+ ## Snapshot — Georgia discovery clock
- - **State**: Georgia
- - **Format rule**: O.C.G.A. § 9-11-10 + Uniform Superior Court Rules
- - **Civil rules**: Georgia Civil Practice Act (O.C.G.A. Title 9, Ch. 11)
- - **Evidence rules**: Georgia Evidence Code (O.C.G.A. Title 24)
- - **Style manual**: Georgia appellate citation (Bluebook-based)
+ | Trigger | Deadline / event | Authority |
+ |---|---|---|
+ | Discovery period | **6 months** from the filing of the answer | USCR 5 |
+ | Written-discovery responses (served after the answer) | **30 days** after service | O.C.G.A. §§ 9-11-33, 9-11-34, 9-11-36 |
+ | Written-discovery responses (served **with the summons**) | **45 days** after service | O.C.G.A. §§ 9-11-33, 9-11-34, 9-11-36 |
+ | Extension / shortening of the discovery period | by stipulation or court order | USCR 5 |
- ## What to author
+ > Frame day counts and the period start with cites; defer the exact
+ > calendar arithmetic (weekend / § 1-4-1 holiday roll-forward under
+ > O.C.G.A. § 1-3-1(d)(3)) to `ga-deadlines` / `case-calendar.py`.
- 1. Description: replace the placeholder with realistic trigger
- phrases for how a Georgia pro se filer would ask about this
- 2. Body: substantive content matching the role
- 3. Composition notes: which other ga- skills this layers
- with
- 4. References: the supporting `references/*.md` files
+ ## Scope of discovery — O.C.G.A. § 9-11-26(b)
- ## References to author
+ Parties may obtain discovery of any matter, not privileged, that is
+ **relevant to the subject matter** of the action (O.C.G.A.
+ § 9-11-26(b)). It need not be admissible if it appears reasonably
+ calculated to lead to admissible evidence. The scope governs every
+ device below.
- - Research the Georgia analog from authoritative sources
- before authoring; do NOT search-and-replace from another
- state plugin
+ ## Interrogatories — O.C.G.A. § 9-11-33
- ## Cross-references
+ Georgia **DOES allow written interrogatories**.
- - `ga-statewide-format` for format baseline
- - `ga-fulton` / `ga-cobb` / `ga-county-courts` for venue
- - `ga-pro-se` for pro se conventions
+ - **Cap: 50 interrogatories**, **including subparts** (O.C.G.A.
+ § 9-11-33). Count each discrete subpart toward the limit; exceeding
+ it requires leave of court.
+ - Service: any time after commencement (subject to the response-window
+ rules above).
+ - Response due: **30 days** after service — **45 days** if served
+ together with the summons (O.C.G.A. § 9-11-33).
+ - Form: each interrogatory answered separately and fully, under oath,
+ with any objection stated in lieu of an answer.
+
+ ```
+ INTERROGATORIES
+
+ Pursuant to O.C.G.A. § 9-11-33, [Defendant] requests that [Plaintiff]
+ answer the following Interrogatories separately and fully, in writing
+ and under oath, within the time allowed by law.
+
+ INTERROGATORY NO. 1: State the name, address, and telephone number of
+ each person with knowledge of the facts alleged in the Complaint.
+
+ ANSWER:
+ [Response]
+
+ INTERROGATORY NO. 2: [...]
+ ```
+
+ ## Requests for Production — O.C.G.A. § 9-11-34
+
+ - Reach documents, electronically stored information, and tangible
+ things within a party's possession, custody, or control, and entry
+ on land for inspection (O.C.G.A. § 9-11-34).
+ - Response due: **30 days** after service (**45 days** if served with
+ the summons).
+ - Each request must be responded to specifically; production or a
+ stated objection per item.
+
+ ## Requests for Admission — O.C.G.A. § 9-11-36
+
+ > ⚠ **The deemed-admitted trap.** Under O.C.G.A. § 9-11-36, a matter
+ > is **admitted** unless the party served answers or objects **within
+ > the response period** (30 days, or 45 if served with the summons).
+ > Silence or a late response can conclusively establish the
+ > requested facts for the case. This is the single most dangerous
+ > discovery device for an unrepresented party — calendar RFA
+ > deadlines first.
+
+ - Each request must be admitted, denied, or met with a statement of
+ why the party cannot truthfully admit or deny.
+ - A party may move to **withdraw or amend** an admission under the
+ standard in O.C.G.A. § 9-11-36(b), but relief is not automatic.
+
+ ## Depositions — O.C.G.A. §§ 9-11-30, 9-11-31
+
+ - **Oral depositions** under O.C.G.A. § 9-11-30; **depositions on
+ written questions** under O.C.G.A. § 9-11-31.
+ - Notice must state the time and place; a non-party deponent is
+ compelled by subpoena (see below).
+ - An organization may be deposed through a designated representative
+ on described matters (O.C.G.A. § 9-11-30(b)(6)).
+
+ ## Protective orders — O.C.G.A. § 9-11-26(c)
+
+ On motion and for good cause, the court may enter a protective order
+ to shield a party or person from annoyance, embarrassment,
+ oppression, or undue burden or expense — including orders that
+ discovery not be had, be had on specified terms, or be limited in
+ scope (O.C.G.A. § 9-11-26(c)). A motion for a protective order should
+ document a good-faith effort to resolve the dispute first.
+
+ ## Supplementation — O.C.G.A. § 9-11-26(e)
+
+ A party is under a duty to **supplement** prior responses in the
+ circumstances set out in O.C.G.A. § 9-11-26(e) — including newly
+ identified witnesses and corrections of responses later learned to be
+ incorrect.
+
+ ## Motion to compel and expenses — O.C.G.A. § 9-11-37
+
+ If a party fails to answer, answers evasively or incompletely, or
+ asserts unfounded objections, the requesting party may move to
+ **compel** under O.C.G.A. § 9-11-37(a). The motion should:
+
+ 1. **Identify each deficient response** (which interrogatory / request
+ for production / request for admission and why it is inadequate).
+ 2. **Attach the requests and the responses** as exhibits.
+ 3. **Document the effort to confer** in good faith to obtain the
+ discovery without court action.
+ 4. **Request specific relief** — an order compelling responses by a
+ date certain and an award of the **reasonable expenses, including
+ attorney's fees**, that O.C.G.A. § 9-11-37(a)(4) authorizes against
+ the losing party absent substantial justification.
+
+ Stronger sanctions for disobeying a discovery order — including
+ striking pleadings, dismissal, or default — are available under
+ O.C.G.A. § 9-11-37(b).
+
+ ## Subpoenas — O.C.G.A. § 24-13-23 and § 9-11-45
+
+ - Subpoenas to **non-parties** for testimony or documents issue under
+ the Evidence Code, O.C.G.A. § 24-13-23, with the civil-discovery
+ subpoena mechanics of O.C.G.A. § 9-11-45.
+ - A subpoena may command attendance at a deposition or trial and may
+ require production of documents and tangible things.
+ - Serve a copy of any documents-only subpoena consistent with the
+ notice requirements so opposing parties can object.
+
+ ## Discovery in Magistrate Court
+
+ Magistrate Court ($15,000 civil cap) runs a **relaxed** procedure
+ under O.C.G.A. §§ 15-10-40 to 15-10-53 in which the formal CPA
+ discovery devices generally do not apply; discovery there is limited
+ and court-directed. The full §§ 9-11-26 to 9-11-37 framework above is
+ the State / Superior Court regime. See `ga-magistrate`. Note that
+ post-judgment discovery in aid of execution remains available under
+ O.C.G.A. § 9-11-69 (see `ga-post-judgment`).
+
+ ## Composition
+
+ - For format baseline: `ga-statewide-format`
+ - For deadline arithmetic (period start, response windows):
+ `ga-deadlines`
+ - For drafting the motion to compel: `ga-draft-motion`
+ - For the supporting affidavit / declaration: `ga-draft-declaration`
+ - For the usual debt forum and the relaxed Magistrate procedure:
+ `ga-state-court`, `ga-magistrate`
+ - For consumer-debt RFP / RFA / interrogatory banks and the
+ business-records (O.C.G.A. § 24-8-803(6)) foundation fight:
+ `ga-consumer-debt`
+ - For verifying citations before serving or filing: `ga-fact-check`
+
+ ## References
+
+ - `references/interrogatory-templates.md` — Georgia interrogatory
+ sets (50-cap aware) and answer/objection forms
+ - `references/rfp-rfa-templates.md` — requests for production and
+ requests for admission, with deemed-admitted warnings
+ - `references/motion-to-compel.md` — § 9-11-37 motion-to-compel
+ scaffold with the expenses request