Staff Analysis of the Legislation
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HB 1017 revises O.C.G.A. § 9-11-26 by allowing parties to obtain discovery through the additional methods of producing electronically stored information or tangible things. It also allows for discovery of electronically stored information relevant to the subject matter involved in the pending action. A party to the pending action may withhold information from discovery by claiming that the information is privileged or subject to protection. For a party to claim privilege information they shall: expressly make the claim; and describe the nature of the documents, electronically stored information, communications, or tangible things not produced or disclosed, without revealing the privileged information itself. HB 1017 allows the court to enter an order of special circumstance relating to discovery if the court find that the discovery sought is not proportional to the needs of the case. HB 1017 revises O.C.G.A. § 9-11-30 by allowing for electronically stored information to be included in subpoenas for production. A request for electronically stored information is also allowed for the taking of a deposition. Parties may object to the production of electronically stored information because of undue burden or cost. A party requesting discovery from a nonparty shall take reasonable steps to avoid imposing undue burden or expense on the nonparty. O.C.G.A. § 9-11-37 relating to a failure to preserve electronically stored information, is revised by allowing the court to order measures to cure the prejudice when a party failed to take reasonable steps to preserve electronically stored information, anticipated or conducted to be used in litigation. In relation to a failure to preserve possible information relevant to the pending action, the judge may also: instruct the jury that it shall presume the information was unfavorable to the party; or strike the party's claims or defenses, dismiss the action, or enter default judgment. Any party or the court may request a hearing regarding a party's failure to preserve electronically stored information. Upon the request of a party, the court shall in its order make findings of fact and conclusions of law. |
