What Is a Deposition in Georgia?

Short answer: A deposition is sworn testimony that you or another witness give before trial, in answer to questions from the lawyers. In a Georgia injury lawsuit, depositions happen during discovery, are recorded by a court reporter and can be used later at trial.

Definition

A deposition is a question-and-answer session under oath, usually held in a law office instead of a courtroom. No judge is in the room, but your answers carry the same weight as testimony given in court.

How it works in Georgia

Timing: Depositions happen after a lawsuit is filed, during discovery. Uniform Superior Court Rule 5.1 generally gives the parties six months after the answer is filed, and judges often extend it. Every party must get written notice (O.C.G.A. § 9-11-30(b)).
Recording: The testimony is recorded, usually by a court reporter, and it may also be video recorded. A remote deposition generally requires the parties’ agreement or a court order.
Use at trial: Any deposition can be used to challenge a witness whose trial testimony changes. It can also replace live testimony in some situations, such as when the witness has died, is outside the county or is too ill to attend (O.C.G.A. § 9-11-32(a)).
2025 change: If a defendant files a motion to dismiss before answering, discovery, including depositions, is generally paused until the judge rules (O.C.G.A. § 9-11-12(j)).

Example

You are rear-ended on I-85 in Gwinnett County and file suit. A few months later, the defense lawyer deposes you about the crash, your treatment and any earlier injuries. Your lawyer then deposes the other driver, who admits under oath that he was looking at his phone just before impact.

Why it matters for your claim

Your deposition is often the defense’s first real look at you as a witness. Clear, honest answers help your credibility.
If your trial testimony differs from your deposition, the defense can read your earlier answer to the jury.
Skipping your own properly noticed deposition can lead to sanctions, including dismissal (O.C.G.A. § 9-11-37(d)).

Related terms

Frequently Asked Questions

How long does a deposition last?

Many injury depositions take two to four hours. Georgia’s statute does not set a fixed limit like the federal seven-hour rule, but a judge can limit the length.

Will my lawyer be with me?

Yes. Your lawyer prepares you beforehand, sits with you and can object to improper questions. In most cases you still answer after the objection is noted.

Can I correct my deposition afterward?

If review is requested before the deposition ends, you have 30 days after the transcript is ready to read it and list any changes with your reasons (O.C.G.A. § 9-11-30(e)).

Browse the full Georgia personal injury glossary

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This is general information about Georgia law, not legal advice for your situation.