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Rule 5.1.Prompt Completion

Rule 5. DISCOVERY IN CIVIL ACTIONS · Last amended 2014 · Last verified July 17, 2026

In one sentenceRule 5.1 requires a party using the court’s compulsory process to compel discovery in a Georgia civil case to start discovery promptly, pursue it diligently, and finish within six months after the answer is filed, or six months after thirty days from service if no answer is filed, subject to the court’s discretion to adjust that window.

Full Text of Rule 5.1

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In order for a party to utilize the court’s compulsory process to compel discovery, any desired discovery procedures must first be commenced promptly, pursued diligently and completed without unnecessary delay and within 6 months after the filing of the answer. In any action in which an answer is not filed within 30 days of service, or by the date set forth in any extension or court order, the 6-month period shall begin to run 30 days after service. At any time, the court, in its discretion, may open, extend, reopen or shorten the time to utilize the court’s compulsory process to compel discovery.

Plain-English Summary

Rule 5.1 sets the clock that shapes almost every Georgia civil case: six months. Once the defendant’s answer is filed, a party gets six months to use the court’s compulsory process — subpoenas, motions to compel, the machinery that forces reluctant witnesses and parties to produce evidence — to get discovery done. If no answer ever gets filed within thirty days of service, or by whatever date a court order or extension sets, the six-month clock starts thirty days after service instead, so a defendant who never answers can’t freeze discovery indefinitely by doing nothing.

The rule doesn’t just set an outer boundary — it requires discovery to be commenced promptly and pursued diligently, not merely squeezed in before the deadline. A party who sits on discovery for four months and then tries to cram everything into the final weeks may be pushing against both halves of the rule, not just the completion date.

None of this is fixed in stone. The court may open, extend, reopen, or shorten the discovery period at any time, in its discretion, which gives judges room to accommodate complex cases or reel in discovery that has dragged on without excuse. In practice, parties who need more time routinely ask the court to extend the period rather than let the six months lapse without a request.

Frequently Asked Questions

When does the six-month discovery period generally start?

When the defendant’s answer is filed; if no answer is filed within thirty days of service, or by a court-ordered or extended date, the period starts thirty days after service instead.

What exactly does the six-month deadline restrict?

A party’s ability to use the court’s compulsory process to compel discovery — discovery must be commenced promptly, pursued diligently, and completed within that period.

Can the six-month discovery period be changed?

Yes. The court may open, extend, reopen, or shorten the time to use compulsory process to compel discovery, at its discretion, at any time.

Is it enough to complete discovery within six months, even if a party waited until the last weeks to start?

Not necessarily — the rule requires discovery to be commenced promptly and pursued diligently, not just squeezed into the deadline.

Does the discovery clock run from when the complaint was filed?

No. It runs from when the answer is filed, or from thirty days after service if no answer is filed, not from the date the complaint was filed.

Amendment History

Amended effective January 18, 1990; January 31, 1991; designated as Rule 5.1 effective November 12, 1992; amended May 15, 2014.

Source & verification. Rule text and amendment history are reproduced verbatim from the Uniform Superior Court Rules, published by the Council of Superior Court Judges of Georgia. Last verified July 17, 2026. · Official source
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