§ 9-11-34.Production of documents and things and entry upon land for inspection and other purposes; applicability to nonparties; confidentiality

Chapter 11. Civil Practice Act · Article 5. Depositions and Discovery · Last amended 2015 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-11-34 lets a party request documents, tangible things, or entry onto land from any other party without leave of court, requires a written response within 30 days of service — or 45 days after service of the summons and complaint for a defendant — extends the same production procedure to nonparties with a good-cause showing to compel it, layers on special certified-mail notice and a 20-day objection window for requests directed to health care nonparties, and preserves statutory confidentiality protections for certain medical and treatment records.

Full Text of § 9-11-34

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

(a) Scope. Any party may serve on any other party a request:

(1) To produce and permit the party making the request, or someone acting on his behalf, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of subsection (b) of Code Section 9-11-26 and which are in the possession, custody, or control of the party upon whom the request is served; or

(2) To permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of subsection (b) of Code Section 9-11-26.

(b) Procedure.

(1) The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. The request shall set forth the items to be inspected, either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts.

(2) The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. The party submitting the request may move for an order under subsection (a) of Code Section 9-11-37 with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested.

(1) This Code section shall also be applicable with respect to discovery against persons, firms, or corporations who are not parties, in which event a copy of the request shall be served upon all parties of record; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty or any party may file an objection as provided in subsection (b) of this Code section. If the party desiring such discovery moves for an order under subsection (a) of Code Section 9-11-37 to compel discovery, he or she shall make a showing of good cause to support his or her motion. The party making a request under this Code section shall, upon request from any other party to the action, make all reasonable efforts to cause all information produced in response to the nonparty request to be made available to all parties. A reasonable document copying charge may be required.

(2) This Code section shall also be applicable with respect to discovery against a nonparty who is a practitioner of the healing arts or a hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit. Where such a request is directed to such a nonparty, a copy of the request shall be served upon the person whose records are sought by certified mail or statutory overnight delivery, return receipt requested, or, if known, that person’s counsel, and upon all other parties of record in compliance with Code Section 9-11-5; where such a request to a nonparty seeks the records of a person who is not a party, a copy of the request shall be served upon the person whose records are sought by certified mail or statutory overnight delivery, return receipt requested, or, if known, that person’s counsel by certified mail or statutory overnight delivery, return receipt requested, and upon all parties of record in compliance with Code Section 9-11-5; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty, any party, or the person whose records are sought may file an objection with the court in which the action is pending within 20 days of service of the request and shall serve a copy of such objection on the nonparty to whom the request is directed, who shall not furnish the requested materials until further order of the court, and on all other parties to the action. Upon the filing of such objection, the party desiring such discovery may move for an order under subsection (a) of Code Section 9-11-37 to compel discovery and, if he or she shall make a showing of good cause to support his or her motion, discovery shall be allowed. If no objection is filed within 20 days of service of the request, the nonparty to whom the request is directed shall promptly comply therewith.

(3) For any discovery requested from a nonparty pursuant to paragraph (2) of this subsection or a subpoena requesting records from a nonparty pursuant to Code Section 9-11-45, when the nonparty to whom the discovery request is made is not served with an objection and the nonparty produces the requested records, the nonparty shall be immune from regulatory, civil, or criminal liability or damages notwithstanding that the produced documents contained confidential or privileged information.

(d) Confidentiality. The provisions of this Code section shall not be deemed to repeal the confidentiality provided by Code Sections 37-3-166 concerning mental illness treatment records, 37-4-125 concerning developmental disability treatment records, 37-7-166 concerning alcohol and drug treatment records, 24-12-20 concerning the confidential nature of AIDS information, and 24-12-21 concerning the disclosure of AIDS information; provided, however, that a person’s failure to object to the production of documents as set forth in paragraph (2) of subsection (c) of this Code section shall waive any right of recovery for damages as to the nonparty for disclosure of the requested documents.

End

Plain-English Summary

A party can request documents in a broad sense — including data compilations that need translating into a usable form — along with tangible things within the chapter’s discovery scope, and entry onto land for inspection, measuring, surveying, photographing, testing, or sampling. The request goes out without leave of court, on the plaintiff after commencement and on any other party with or after service of the summons and complaint, describing items with reasonable particularity and specifying a reasonable time, place, and manner for the inspection.

A written response is due 30 days after service, or 45 days after service of the summons and complaint for a defendant, stating item by item or category by category whether inspection will be permitted or objecting with reasons — and specifying which part of an item or category is objectionable if the objection isn’t total.

The same request procedure reaches nonparties, too. Against an ordinary nonparty, a copy of the request goes to all parties of record, and compelling production over an objection requires a showing of good cause. A heightened procedure applies to health care nonparties — hospitals, practitioners, and similar facilities: the person whose records are sought, along with all parties, gets notice by certified mail or statutory overnight delivery, and anyone affected has 20 days to file an objection, which bars production until a further court order. If nobody objects within that window, the nonparty has to comply promptly, and a nonparty who produces records without receiving a timely objection is immune from liability, even if the records turn out to contain confidential or privileged material.

None of this overrides the separate statutory confidentiality that protects mental illness, developmental disability, and alcohol and drug treatment records, or AIDS-related information. But a records-subject who fails to object under the health care nonparty procedure gives up any damages claim over the disclosure that follows.

Frequently Asked Questions

Can a party get documents from someone who isn’t a party to the lawsuit?

Yes, using the same request procedure that applies between parties, with a showing of good cause needed to compel production if the nonparty objects.

How long does a party have to respond to a document request in Georgia?

30 days after service of the request, generally; a defendant gets 45 days after service of the summons and complaint.

What special procedure applies to requesting a nonparty’s health care records?

Notice by certified mail or statutory overnight delivery to the records-subject and all parties, with a 20-day window for anyone affected to object before the nonparty is required to comply.

What happens if nobody objects to a request for a nonparty’s health care records within the deadline?

The nonparty must promptly comply, and is immune from liability for producing the records even if they contain confidential or privileged material.

Does this section override Georgia’s confidentiality laws for mental health or substance abuse treatment records?

No, those statutory protections remain intact, though a records-subject who fails to object under the health care nonparty procedure waives any damages claim over the resulting disclosure.

Amendment History

Ga. L. 1966, p. 609, § 34; Ga. L. 1967, p. 226, § 16; Ga. L. 1972, p. 510, § 7; Ga. L. 1979, p. 1041, § 1; Ga. L. 1986, p. 1277, § 1; Ga. L. 1988, p. 375, § 1; Ga. L. 1998, p. 152, § 1; Ga. L. 2006, p. 494, § 2/HB 912; Ga. L. 2015, p. 385, § 4-18/HB 252.

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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