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  1. #1

    Default Georgia Civil Procedure: Which Discovery Documents Are Available to the Public when

    My question involves court procedures for the state of: Georgia (Superior Courts / Civil cases)

    I have a few questions about documents produced by either side during the discovery.

    (1) When is the **earliest** that a given document is available to the public (for a fee)? When the document is filed with the Court during the discovery process, after the discover period ends but before the trial, during the trial, or after the trial (assuming that the Judge does not order it sealed)?

    (2) Are all discovery documents available to the public, or only some of them? If it's the latter, what determines which documents become publicly available?

    (3) I hear that an attorney can bring up a given document **during the trial** if and only if BOTH of the following conditions are met: (a) That specific document was bought up during the pre-trial deposition of one or more witnesses and was given a specific, numbered document tag by the deposing attorney, and (b) the judge allows that document into the trial.
    Is this true?

    Thank you very much in advance!

  2. #2
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    Default Re: Georgia Civil Procedure: Which Discovery Documents Are Available to the Public wh

    What makes you think any of the discovery documents are required to be disclosed to the public? A judge is not likely to disclose anything to a non-party.

    Your point #3 is wrong. First, I'm going to assume you mean DEPOSITION. Being part of a pre-trial deposition is not a necessary nor sufficient condition to introduce things in evidence. It's always the case that a judge has to rule on admissibility.

  3. #3

    Default Re: Georgia Civil Procedure: Which Discovery Documents Are Available to the Public wh

    Quote Quoting flyingron
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    What makes you think any of the discovery documents are required to be disclosed to the public? A judge is not likely to disclose anything to a non-party.
    I'm afraid you're very much mistaken. I have already obtained several discovery documents from several different civil cases, and I'm party to NONE of them (i.e., I'm 'non-party' to all of them).

    Quote Quoting flyingron
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    Your point #3 is wrong. First, I'm going to assume you mean DEPOSITION. Being part of a pre-trial deposition is not a necessary nor sufficient condition to introduce things in evidence. It's always the case that a judge has to rule on admissibility.
    OK, thank you very much!

  4. #4
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    Default Re: Georgia Civil Procedure: Which Discovery Documents Are Available to the Public wh

    Quote Quoting Ordinary Jill
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    I'm afraid you're very much mistaken. I have already obtained several discovery documents from several different civil cases, and I'm party to NONE of them (i.e., I'm 'non-party' to all of them).
    Documents that are part of the filings/pleadings or documents that are part of discovery? I doubt very much you got anything that was part of the discovery that wasn't later introduced officially.

  5. #5
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    Default Re: Georgia Civil Procedure: Which Discovery Documents Are Available to the Public wh

    As explained at the other site where you posted the same thing, discovery documents are not part of the court's file unless they are attached to a document that is filed with the court.

  6. #6
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    Jul 2018
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    115

    Default Re: Georgia Civil Procedure: Which Discovery Documents Are Available to the Public wh

    What leads you to believe that pretrial discovery material is "filed with the court" ? In my state such material only becomes a matter of record if and when published during trial. Moreover if the document is of a sensitive nature, the court on motion can order it sealed. Check with a Georgia trial lawyer.

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