9-11-31
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9-11-31.
(a)
Serving questions;
notice.
(1)
After commencement of the action, any party may take the testimony of any
person, including a party, by deposition upon written questions. The attendance
of witnesses may be compelled by the use of subpoena as provided in Code Section
9-11-45. The deposition of a person confined in a penal institution may be taken
only by leave of court on such terms as the court prescribes.
(2)
A party desiring to take a deposition upon written questions shall serve them
upon every other party with a notice stating the name and address of the person
who is to answer them, if known, and, if the name is not known, a general
description sufficient to identify him or the particular class or group to which
he belongs and the name or descriptive title and address of the officer before
whom the deposition is to be taken. A deposition upon written questions may be
taken of a public or private corporation or a partnership or association or
governmental agency in accordance with paragraph (6) of subsection (b) of Code
Section 9-11-30.
(3)
Within 30 days after the notice and written questions are served, a party may
serve cross-questions upon all other parties. Within ten days after being served
with cross-questions, a party may serve redirect questions upon all other
parties. Within ten days after being served with redirect questions, a party may
serve recross-questions upon all other parties. The court may, for cause shown,
enlarge or shorten the time.
(b)
Officer to take
responses and prepare record. A copy of
the notice and copies of all questions served shall be delivered by the party
taking the deposition to the officer designated in the notice, who shall proceed
promptly, in the manner provided by subsections (c), (e), and (f) of Code
Section 9-11-30, to take the testimony of the witness in response to the
questions and to prepare, certify, and file or mail the deposition, attaching
thereto the copy of the notice and the questions received by him.