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Re-Post and Update (9/29/11 on Discovery Rules in GA)

by merlin on July 6th, 2015
  • Sumo

A former client’s refusal to pay has prompted me to file a collections lawsuit against him, and I am preparing Discovery questions to be answered.  I wanted to again revisit my guiding rules, though, to ensure that nothing is different.  Initially, I was under the misimpression that the order of formal Discovery in a case is to be established through the Court’s pretrial Order.  This is not the case, apparently.  I looked into a source of information I had not even thought of – the Uniform Rules of Superior Court (specifically, Rule 5.1 – EDIT: This Rule was amended May 15, 2014, and the text for the current rule is below) – and found the rule controlling the Discovery period under the Civil Practice Act:

Rule 5.1 Prompt Completion

In order for a party to utilize the court’s compulsory process to compel discovery, any desired discovery procedures must first be commenced promptly, pursued diligently and completed without unnecessary delay and within 6 months after the filing of the answer. In any action in which an answer is not filed within 30 days of service, or by the date set forth in any extension or court order, the 6-month period shall begin to run 30 days after service. At any time, the court, in its discretion, may open, extend, reopen or shorten the time to utilize the court’s compulsory process to compel discovery.

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