It is the intent of the General Assembly that depositions shall be taken in criminal proceedings only in exceptional circumstances when it is in the interests of justice that the testimony of a prospective witness be taken and preserved for use at trial. If the court finds that any party or counsel for a party is using the procedures set forth in this article for the purpose of harassment or delay, such conduct may be punished as contempt of court.
History. Code 1981, § 24-13-139 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.
Structure Georgia Code
Chapter 13 - Securing Attendance of Witnesses and Production and Preservation of Evidence
Article 6 - Depositions to Preserve Testimony in Criminal Proceedings
§ 24-13-130. When Deposition to Preserve Testimony in Criminal Proceedings May Be Taken
§ 24-13-131. Notice of Deposition; Presence of Defendant at Examination; Child Witness
§ 24-13-132. Appointment of Counsel; Payment of Costs and Expenses
§ 24-13-133. Manner of Taking and Filing Deposition
§ 24-13-134. Availability to State and Defendant of Deponent’s Previous Statements
§ 24-13-135. Admissibility and Use of Deposition
§ 24-13-136. Objections to Admission of Deposition
§ 24-13-137. Recordation of Deposition
§ 24-13-138. Agreement of Parties to Deposition
§ 24-13-139. Depositions Taken Only in Exceptional Circumstances; Misuse of Procedures