(a) Discovery methods. Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property for inspection and other purposes; physical and mental examinations; and requests for admission. Unless the court orders otherwise under subsection (c) of this Code section, the frequency of use of these methods is not limited.
§ 9-11-26.General provisions governing discovery
Chapter 11. Civil Practice Act · Article 5. Depositions and Discovery · Last amended 2025 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-26 lists the available discovery methods and states that their frequency is unlimited absent a court order, defines the scope of discovery to include any relevant, non-privileged matter along with special rules for insurance and litigation-financing agreements, protects trial-preparation materials and expert opinions behind heightened showings, authorizes protective orders for good cause, sets the default sequencing of discovery, and defines when a party must supplement an earlier discovery response.
Full Text of § 9-11-26
(b) Scope of discovery. Unless otherwise limited by order of the court in accordance with this chapter, the scope of discovery is as follows:
(1) In general. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence;
(2) Insurance agreements. A party may obtain discovery of the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment. Information concerning the insurance agreement is not by reason of disclosure admissible in evidence at trial. For purposes of this paragraph, an application for insurance shall not be treated as part of an insurance agreement;
(2.1) Litigation financing agreement.
(A) A party may obtain discovery of the existence and terms and conditions of any litigation financing agreement, as such term is defined in Code Section 7-10-1, the subject of which is or includes the pending action; provided, however, that this subparagraph shall not apply to nonparties unless the litigation financing agreement is for $25,000.00 or more in funding.
(B) Information concerning the litigation financing agreement is not by reason of disclosure admissible in evidence at trial; provided, however, that nothing in this subparagraph shall be construed to limit the admissibility of such information as evidence of a party’s claim or defense;
(3) Trial preparation; materials. Subject to paragraph (4) of this subsection, a party may obtain discovery of documents and tangible things otherwise discoverable under paragraph (1) of this subsection and prepared in anticipation of litigation or for trial by or for another party or by or for that other party’s representative (including his attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of his case and that he is unable without undue hardship to obtain the substantial equivalent of the materials by other means. In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation. A party may obtain, without the required showing, a statement concerning the action or its subject matter previously made by that party. Upon request, a person not a party may obtain, without the required showing, a statement concerning the action or its subject matter previously made by that person. If the request is refused, the person may move for a court order. Paragraph (4) of subsection (a) of Code Section 9-11-37 applies to the award of expenses incurred in relation to the motion. For purposes of this paragraph, a “statement previously made” is (A) a written statement signed or otherwise adopted or approved by the person making it, or (B) a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded; and
(4) Trial preparation; experts. Discovery of facts known and opinions held by experts, otherwise discoverable under paragraph (1) of this subsection and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows:
(A)
(i) A party may, through interrogatories, require any other party to identify each person whom the other party expects to call as an expert witness at trial, to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.
(ii) A party may obtain discovery under Code Section 9-11-30, 9-11-31, or 9-11-34 from any expert described in this paragraph, the same as any other witness, but the party obtaining discovery of an expert hereunder must pay a reasonable fee for the time spent in responding to discovery by that expert, subject to the right of the expert or any party to obtain a determination by the court as to the reasonableness of the fee so incurred;
(B) A party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only as provided in subsection (b) of Code Section 9-11-35 or upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means; and
(C) Unless manifest injustice would result:
(i) The court shall require the party seeking discovery to pay the expert a reasonable fee for time spent in responding to discovery under subparagraph (B) of this paragraph; and
(ii) With respect to discovery obtained under division (ii) of subparagraph (A) of this paragraph, the court may require, and with respect to discovery obtained under subparagraph (B) of this paragraph the court shall require, the party seeking discovery to pay the other party a fair portion of the fees and expenses reasonably incurred by the latter party in obtaining facts and opinions from the expert.
(c) Protective orders. Upon motion by a party or by the person from whom discovery is sought and for good cause shown, including, but not limited to, the factors provided in Code Section 9-11-26.1 for the deposition of a high-ranking officer, the court in which the action is pending or, alternatively, on matters relating to a deposition, the court in the county where the deposition is to be taken may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:
(1) That the discovery not be had;
(2) That the discovery may be had only on specified terms and conditions, including a designation of the time or place;
(3) That the discovery may be had only by a method of discovery other than that selected by the party seeking discovery;
(4) That certain matters not be inquired into or that the scope of the discovery be limited to certain matters;
(5) That discovery be conducted with no one present except persons designated by the court;
(6) That a deposition, after being sealed, be opened only by order of the court;
(7) That a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way; or
(8) That the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court.
If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. Paragraph (4) of subsection (a) of Code Section 9-11-37 applies to the award of expenses incurred in relation to the motion.
(d) Sequence and timing of discovery. Unless the court, upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence; and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party’s discovery.
(e) Supplementation of responses. A party who has responded to a request for discovery with a response that was complete when made is under no duty to supplement his response to include information thereafter acquired, except as follows:
(1) A party is under a duty seasonably to supplement his response with respect to any question directly addressed to:
(A) The identity and location of persons having knowledge of discoverable matters; and
(B) The identity of each person expected to be called as an expert witness at trial, the subject matter on which he is expected to testify, and the substance of his testimony.
(2) A party is under a duty seasonably to amend a prior response if he obtains information upon the basis of which:
(A) He knows that the response was incorrect when made; or
(B) He knows that the response, though correct when made, is no longer true and the circumstances are such that a failure to amend the response is, in substance, a knowing concealment.
(3) A duty to supplement responses may be imposed by order of the court, agreement of the parties, or at any time prior to trial through new requests for supplementation of prior responses.
Plain-English Summary
Parties may pursue discovery through oral or written depositions, interrogatories, production and inspection of documents, land, or things, physical and mental examinations, and requests for admission, and the frequency of using them is unrestricted unless the court limits it. The scope of what’s fair game is broad: any non-privileged matter relevant to the subject matter of the action, whether it bears on the requesting party’s own claim or defense or someone else’s, tested against whether it’s reasonably calculated to lead to admissible evidence rather than whether it would itself be admissible at trial.
Two categories get special treatment. Insurance agreements that might cover a judgment in the case are discoverable — their existence and contents — though disclosure alone doesn’t make that information admissible, and an application for insurance doesn’t count as part of the agreement. Litigation-financing agreements are discoverable too, as to their existence, terms, and conditions, but a nonparty funder is reachable only once the funding hits $25,000 or more, and while disclosure doesn’t make the financing agreement itself admissible, it doesn’t block other uses of that information as evidence of a claim or defense either.
Trial-preparation materials get real, though not absolute, protection. A party seeking documents or things another party (or its representative) prepared in anticipation of litigation has to show substantial need and an inability to get the substantial equivalent elsewhere without undue hardship, and even then a court has to shield an attorney’s mental impressions, conclusions, opinions, and legal theories. A party can always obtain its own prior statement without that showing, and a nonparty can request its own statement too. Expert discovery splits along a similar line: a testifying expert’s identity, subject matter, facts, and opinions can be reached through interrogatories at no extra cost, but obtaining that same information through a deposition or document production requires the requesting party to pay the expert a reasonable fee for the time spent responding, while a non-testifying, specially retained expert stays off-limits except through the physical-and-mental-examination procedure or on a showing of exceptional circumstances.
For good cause, including the high-ranking-officer factors spelled out in Code Section 9-11-26.1, a court can enter a protective order barring or limiting discovery in a range of ways — from blocking it outright to sealing a deposition or requiring simultaneous, sealed submissions. Absent a court order, discovery methods may be used in any sequence, and one party’s discovery doesn’t hold up another party’s. Finally, a party generally has no duty to update a complete response after the fact, except for a seasonable duty to keep witness-identity and expert-testimony information current, and a seasonable duty to correct a response later known to be wrong or that has become misleading — a duty that a court order, an agreement, or a new request can also impose.
Frequently Asked Questions
What discovery methods are available in a Georgia civil case?
Oral and written depositions, written interrogatories, production and inspection of documents, tangible things, and land, physical and mental examinations, and requests for admission, and the frequency of using them is unlimited unless the court orders otherwise.
What is the general scope of discovery under Georgia law?
Any non-privileged matter relevant to the subject matter of the pending action, tested by whether the information sought is reasonably calculated to lead to the discovery of admissible evidence, not by whether it would itself be admissible.
Is an opposing party’s insurance policy discoverable in Georgia?
Yes. A party may discover the existence and contents of any insurance agreement that might cover a judgment in the case, though that information isn’t admissible at trial merely because it was disclosed.
What protection does Georgia law give an attorney’s work product and trial strategy?
Materials prepared in anticipation of litigation require a showing of substantial need and undue hardship before they’re discoverable, and even then a court must protect an attorney’s mental impressions, conclusions, opinions, and legal theories from disclosure.
When must a party update or correct a discovery response after it’s already been served?
There’s a seasonable duty to supplement information about who has relevant knowledge and about expert witnesses, and a seasonable duty to correct a response later known to be incorrect or that has become untrue in a misleading way; a duty to supplement can also arise from a court order, an agreement, or a new request.
Amendment History
Ga. L. 1966, p. 609, § 26; Ga. L. 1967, p. 226, § 13; Ga. L. 1972, p. 510, § 1; Ga. L. 1984, p. 22, § 9; Ga. L. 1987, p. 3, § 9; Ga. L. 1993, p. 91, § 9; Ga. L. 2023, p. 248, § 1-1/SB 74, effective May 1, 2023; Ga. L. 2025, p. 31, § 3/SB 69, effective April 21, 2025.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: Georgia discovery scope statutework product doctrine Georgialitigation financing agreement discovery Georgiaexpert witness discovery Georgiaprotective order Georgia lawsuitreasonably calculated to lead to admissible evidence