Pre-Trial Discovery

Use of OCGA §§ 9-11-26 through 9-11-37 for purposes of pre-trial discovery in the magistrate court is not favored; however, requests for such discovery may be entertained when made by joint request of all parties. Requests for use of these provisions may also be allowed for preservation of testimony, obtaining evidence from out-of-state, minimizing expense and similar purposes in order to do substantial justice or lessen the expense to the parties. No party or attorney may file any discovery request pursuant to OCGA §§ 9-11-26 through 9-11- 37 without permission of the court; any such filing shall be a nullity. Where discovery is permitted by the magistrate court, the magistrate may nevertheless decline to rule on a motion pursuant to OCGA § 9-11-37 in which case such motion may be renewed upon de novo appeal. Adopted effective October 28, 1993.