Georgia requests for production: 30 days, 45 for a defendant, and non-parties too

Georgia's production statute does something most states split across two devices: the same Code section that governs requests to a party also governs document discovery from non-parties, without a subpoena.

It also gives defendants a longer clock than plaintiffs, which is easy to miss.

What can be requested

O.C.G.A. § 9-11-34(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 …

Two devices in one section: documents and things, and entry upon land. The scope in both cases is tied to § 9-11-26(b), Georgia's general discovery-scope provision.

Drafting requirements

§ 9-11-34(b)(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.

Three obligations on the requesting party:

• Reasonable particularity in describing each item or category.
• A specified time, place, and manner for the inspection.
• Service timing — on the plaintiff after commencement, on anyone else with or after service of process. Requests can travel with the complaint.

That second requirement is a genuine objection point. A request that does not specify a reasonable time, place and manner has not complied with the statute.

30 days — or 45 for a defendant

§ 9-11-34(b)(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 defendant's 45 days runs from service of process, not from the request — so a defendant served with both together gets 45.

The response must address each item or category, and partial objections must specify the part objected to. A blanket objection to a numbered request that is partly unobjectionable does not satisfy the statute.

Enforcement runs through § 9-11-37(a): the requesting party "may move for an order … 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."

Non-parties, without a subpoena

This is where Georgia differs most. § 9-11-34(c)(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.

Four things follow, and each is a practical rule:

Copy every party of record. Serving a non-party request without copying the other parties is a defect.

Both the non-party and any party may object. Standing to object is wide.

Good cause is required to compel a non-party — a higher bar than compelling a party.

Share what you get. On request from any other party, you must make reasonable efforts to make the produced material available to everyone — subject to a reasonable copying charge.

How Georgia compares

A short checklist

1. Diarise 30 days — or 45 if you are a defendant served with the request alongside the summons and complaint.
2. Describe each item or category with reasonable particularity, and specify a reasonable time, place and manner.
3. Respond item by item. State that inspection will be permitted, or object with reasons.
4. Specify the part objected to where an objection covers only part of a request.
5. For non-party discovery, use § 9-11-34(c) — and serve a copy on every party of record.
6. Expect to show good cause if you have to move to compel a non-party.
7. Be ready to share non-party production with the other parties on request, subject to a reasonable copying charge.
8. Check the scope against § 9-11-26(b) before objecting on relevance — that is the provision the statute points to.

Where these rules live

• O.C.G.A. § 9-11-26 — General provisions governing discovery
• O.C.G.A. § 9-11-33 — Interrogatories to parties
• O.C.G.A. § 9-11-34 — Production of documents and things
• O.C.G.A. § 9-11-36 — Requests for admission
• O.C.G.A. § 9-11-37 — Failure to make discovery; sanctions

This page explains what the statute says. It isn't legal advice, and what constitutes reasonable particularity under § 9-11-34(b)(1) is developed in case law this site doesn't cover.