§ 9-11-29.1.When depositions and other discovery material must be filed with court; custodian until filing; retention of depositions and other discovery materials

Chapter 11. Civil Practice Act · Article 5. Depositions and Discovery · Last amended 2013 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-11-29.1 excuses parties from filing depositions and other discovery material with the court unless a local rule, court order, party request, discovery motion, or trial or pretrial use requires it, makes whoever took the deposition or requested the material its custodian until filing, and lets the clerk destroy filed material after microfilming or digitally imaging it once the case reaches final disposition.

Full Text of § 9-11-29.1

Text sizeJump to: (a) (b) (c)

(a) Depositions and other discovery material otherwise required to be filed with the court under this chapter shall not be required to be so filed unless:

(1) Required by local rule of court;

(2) Ordered by the court;

(3) Requested by any party to the action;

(4) Relief relating to discovery material is sought under this chapter and said material has not previously been filed under some other provision of this chapter, in which event copies of the material in dispute shall be filed by the movant contemporaneously with the motion for relief; or

(5) Such material is to be used at trial or is necessary to a pretrial or posttrial motion and said material has not previously been filed under some other provision of this chapter, in which event the portions to be used shall be filed with the clerk of court at the outset of the trial or at the filing of the motion, insofar as their use can be reasonably anticipated by the parties having custody thereof, but a party attempting to file and use such material which was not filed with the clerk at the outset of the trial or at the filing of the motion shall show to the satisfaction of the court, before the court may authorize such filing and use, that sufficient reasons exist to justify that late filing and use and that the late filing and use will not constitute surprise or manifest injustice to any other party in the proceedings.

(b) Until such time as discovery material is filed under paragraphs (1) through (5) of subsection (a) of this Code section, the original of all depositions shall be retained by the party taking the deposition and the original of all other discovery material shall be retained by the party requesting such material, and the person thus retaining the deposition or other discovery material shall be the custodian thereof.

(c) When depositions and other discovery material are filed with the clerk of court as provided in subsection (a) of this Code section, the clerk of court shall retain such original documents and materials until final disposition, either by verdict or appeal, of the action in which such materials were filed. The clerk of court shall be authorized thereafter to destroy such materials upon microfilming or digitally imaging such materials and maintaining such materials in a manner that facilitates retrieval and reproduction, so long as the microfilm and digital images meet the standards established by the Division of Archives and History of the University System of Georgia; provided, however, that the clerk of court shall not be required to microfilm or digitally image depositions that are not used for evidentiary purposes during the trial of the issues of the case in which such depositions were filed.

End

Plain-English Summary

Discovery material stays out of the court file by default. It has to be filed only when a local rule requires it, the court orders it, any party requests it, a discovery-motion dispute needs contemporaneous copies filed with the motion, or the material is needed for trial or a pretrial or posttrial motion — in which case it has to reach the clerk by the outset of trial or the filing of the motion, with late filing allowed only on a showing of good cause and no surprise or injustice to another party.

Until filing happens, the party who took the deposition holds the original and answers for it as custodian; for other discovery material, that role falls to the party who requested it. Once material is filed, the clerk keeps the originals until the case reaches final disposition — by verdict or appeal — and may then destroy them after microfilming or digitally imaging them to standards set by the state’s Division of Archives and History, except the clerk doesn’t have to image depositions that were never used as evidence at trial.

Frequently Asked Questions

Do all depositions taken in a Georgia case have to be filed with the court?

No, not unless a local rule requires it, the court orders it, a party requests it, or the material is needed in connection with a discovery motion or use at trial or a pretrial or posttrial motion.

What triggers a requirement to file discovery material with the court?

A local court rule, a court order, a request by any party, a discovery-motion dispute that requires contemporaneous copies, or the material’s use at trial or in a pretrial or posttrial motion.

Who is responsible for keeping a deposition transcript before it’s filed?

The party who took the deposition; for other kinds of discovery material, the party who requested it is the custodian.

Can a clerk of court eventually destroy filed deposition transcripts?

Yes, after microfilming or digitally imaging them to standards set by the Division of Archives and History, once the case reaches final disposition.

What happens if a party wants to use discovery material at trial that was never filed?

It must be filed by the outset of trial or the filing of the motion where it’s needed, and late filing is allowed only on a showing of sufficient reasons and no surprise or manifest injustice to another party.

Amendment History

Code 1981, § 9-11-29.1, enacted by Ga. L. 1982, p. 2374, § 1; Ga. L. 2012, p. 599, § 1-1/HB 665; Ga. L. 2013, p. 594, § 2-1/HB 287.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission. Last verified July 17, 2026. · Official source

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