Georgia 2023-2024 Regular Session

Georgia Senate Bill SB200

Introduced
2/15/23  
Refer
2/16/23  
Introduced
2/15/23  
Report Pass
3/1/23  
Refer
2/16/23  

Caption

"Civil Practice Act"; high ranking government or corporate officer of whom a deposition is sought to seek a protective order; provide

Impact

If enacted, SB200 will have significant implications on how depositions are handled in civil cases involving high-ranking officials. By allowing these individuals to shield themselves from depositions unless it can be proven they possess unique knowledge about the case, the bill could limit the ability of plaintiffs to gather information crucial to their claims. This shift could lead to fewer depositions of influential figures, potentially impacting the pursuit of justice in civil matters. Furthermore, this change could influence the nature of civil litigation, balancing the interests of personal privacy against the need for transparency in legal proceedings.

Summary

SB200 proposes amendments to Code Section 9-11-26 of the Official Code of Georgia Annotated, which governs discovery under the Civil Practice Act. The bill introduces provisions allowing a current or former high-ranking government or corporate officer to seek a protective order against a deposition if that officer lacks unique, personal knowledge relevant to the pending action. The bill aims to reduce unnecessary exposure to legal proceedings for high-ranking officials, thereby seeking to protect sensitive information and personal privacy while ensuring just discovery processes in civil litigation.

Sentiment

The sentiment surrounding SB200 appears to be mixed. Supporters argue that the bill protects individuals from undue harassment during legal processes, promoting fairness and respect for privacy. Conversely, opponents express concerns that it might create barriers to accountability, especially in cases where government or corporate actions are under scrutiny. Critics worry that limiting depositions may hinder the ability to hold powerful entities accountable for their actions, reflecting a broader debate about transparency versus privacy in legal frameworks.

Contention

Notable points of contention include the potential for SB200 to create a comparative lack of accountability for high-ranking officials, which opponents fear could set a precedent for shielding powerful individuals from civil oversight. The bill's language surrounding protective orders, including the burden placed on parties seeking depositions, raises concerns about the implications for civil rights and the accessibility of the legal system. As it stands, the bill could lead to contentious discussions around the balance between protecting citizens' rights and ensuring that those in positions of power are sufficiently held accountable.

Companion Bills

No companion bills found.

Previously Filed As

GA HB2943

Oklahoma Discovery Code; protective orders for deposition of high-ranking officer of government entities or other public or private organizations; effective date.

GA HB2650

Civil procedure; abusive discovery; protective orders; high-ranking officers; proof; court order; effective date.

GA HB1208

Civil practice; require depositions to be taken before certified court reporters

GA AB2290

An act to amend Section 2025.550 of the Code of Civil Procedure, relating to civil actions.

GA SB273

Peace Orders and Protective Orders - Military Protection Orders

GA HB533

Peace Orders and Protective Orders – Military Protection Orders

GA SB68

Civil Practice; substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, damages, and liability in tort actions; provide

GA AB1961

An act to amend Section 527.8 of the Code of Civil Procedure, relating to protective orders.

GA HB177

Domestic relations; protection for household pets in both family violence and dating violence protective orders; provide

GA SB135

Providing precedence of child-related orders issued under the protection from abuse act.

Similar Bills

TX SB2782

Relating to discovery requirements related to sworn complaints made to the Texas Ethics Commission.

IA HSB42

A bill for an act relating to discovery and postconviction procedure.

IA SSB1009

A bill for an act relating to discovery and postconviction procedure.(See SF 393.)

IA SF393

A bill for an act relating to discovery and postconviction procedure.(Formerly SSB 1009.)

CA AB1036

Criminal procedure: postconviction discovery.

CA SB1192

Domestic violence: Reclaim Act.

UT SJR004

Joint Resolution Amending Court Rules on Attorney Confidentiality

OK HB2619

Discovery; creating the Foreign Litigation Funding Prevention Act; commercial litigation funding agreements; prohibiting admissibility of certain information as evidence; effective date.