§ 24-13-150. When Proceedings to Perpetuate Testimony May Be Had
Superior courts may entertain proceedings for the perpetuation of testimony in all proceedings in which the fact to which the testimony relates cannot immediately be made the subject of investigation at law and in which, for any cause, the common-law proceeding authorized under this title is not as available, or as completely available, as a […]
§ 24-13-151. Inadequacy of Usual Proceeding to Be Shown
A petition for discovery merely or to perpetuate testimony shall not be sustained unless some reason is shown why the usual proceeding at law is inadequate. History. Code 1981, § 24-13-151 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.
§ 24-13-152. Materiality of Possession of Property; of Availability of Parties in Interest
The possession of the property is immaterial; nor shall the proceeding be denied though all parties in interest cannot be ascertained or reached. History. Code 1981, § 24-13-152 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.
§ 24-13-153. Use of Testimony
Testimony taken in the proceedings contemplated under Code Section 24-13-150 shall be used only from the necessity of the case, but in such case may be used against all persons, whether parties to the proceeding or not. History. Code 1981, § 24-13-153 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.
§ 24-13-154. Costs of Proceedings
The complainant shall in all cases be taxed with the costs of proceedings to perpetuate testimony. History. Code 1981, § 24-13-154 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.