Deposition practice in Georgia civil litigation is governed primarily by the O.C.G.A. § 9-11-28, O.C.G.A. § 9-11-30, and O.C.G.A. § 9-11-32 of the Georgia Civil Practice Act.
Under § 9-11-28, a deposition must be taken before an officer authorized to administer oaths under Georgia law or before a person otherwise authorized by the statute. In practice, this typically includes notaries public, court reporters, or other individuals legally empowered to administer oaths.
Section 9-11-30 requires that the deposition officer administer the oath to the witness and record the testimony. The officer must then certify that the transcript accurately reflects the testimony given. This certification becomes part of the official deposition record relied upon when deposition testimony is later used in motion practice, evidentiary proceedings, or at trial.
Section 9-11-32 governs the use of depositions in court proceedings and addresses objections to the manner in which a deposition was taken. Certain procedural irregularities—including issues relating to the qualification of the deposition officer or the manner in which testimony was recorded—may be waived if not raised during the deposition.
Georgia law permits depositions to be recorded by stenographic, audio, audiovisual, or other approved methods. Regardless of the recording method used, practitioners typically ensure that the deposition officer is properly authorized to administer the oath and that the transcript certification complies with the requirements of the Georgia Civil Practice Act.
Under § 9-11-28, a deposition must be taken before an officer authorized to administer oaths under Georgia law or before a person otherwise authorized by the statute. In practice, this typically includes notaries public, court reporters, or other individuals legally empowered to administer oaths.
Section 9-11-30 requires that the deposition officer administer the oath to the witness and record the testimony. The officer must then certify that the transcript accurately reflects the testimony given. This certification becomes part of the official deposition record relied upon when deposition testimony is later used in motion practice, evidentiary proceedings, or at trial.
Section 9-11-32 governs the use of depositions in court proceedings and addresses objections to the manner in which a deposition was taken. Certain procedural irregularities—including issues relating to the qualification of the deposition officer or the manner in which testimony was recorded—may be waived if not raised during the deposition.
Georgia law permits depositions to be recorded by stenographic, audio, audiovisual, or other approved methods. Regardless of the recording method used, practitioners typically ensure that the deposition officer is properly authorized to administer the oath and that the transcript certification complies with the requirements of the Georgia Civil Practice Act.
Last reviewed for accuracy: April 2026
