05 LC 29
1850
House
Bill 912
By:
Representative Fleming of the
117th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating
to production of documents and things and entry upon land for inspection and
other purposes, so as to change certain provisions relating to applicability to
nonparties; to provide that silence may act as a waiver under certain
circumstances; to change certain provisions relating to confidentiality; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 9-11-34 of the Official Code of Georgia Annotated, relating to
production of documents and things and entry upon land for inspection and other
purposes, is amended by striking subsections (c) and (d) and, and inserting in
lieu thereof the following:
"(c)
Applicability to
nonparties.
(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.
(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 all parties of record, and where such a
request to such a nonparty seeks the records of a person who is not a party, a
copy of the request shall be served upon all parties of record, the person whose
records are sought, and, if known, that
persońs
counsel; 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 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
and served on
the nonparty within ten days of the
request, the
person whose records are sought shall be deemed to have waived any and all
privileges which may have applied to the requested materials,
and 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 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,
37-4-125 concerning mental retardation, and 37-7-166 concerning alcohol and drug
treatment;
provided, however, that a
persońs
failure to object to the production of documents as set forth in paragraph (2)
of subsection (c) of this Code section shall waive any and all privileges that
may have applied to the requested
documents."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.