06 LC 29
2135S
The
House Special Committee on Civil Justice Reform offers the following
substitute
to HB 912:
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 when a nonparty is not served with an objection and
the nonparty produces records, the nonparty shall be immune from civil or
criminal liability for disclosing confidential information; 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 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
the person
whose records are sought by certified mail or statutory overnight delivery,
return receipt requested, or, if known, that
persońs
counsel, and upon all
other
parties of
record,
and
in compliance
with Code Section 9-11-5; 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,
by certified
mail or statutory overnight delivery, return receipt requested,
or, if known, that
persońs
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
ten
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 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 mental
retardation
treatment
records,
and
37-7-166 concerning alcohol and drug treatment
records,
24-9-40.1 concerning the confidential nature of AIDS information, and 24-9-47
concerning the disclosure of AIDS information; 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 right of recovery for
damages as to the nonparty for disclosure of the requested
documents.∀
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.