The Georgia General Assembly is considering legislation that, if enacted in its current Senate form, would drive up costs of litigation for small businesses, create significant barriers to justice, unnecessarily burden requesting parties in civil litigation and allow responding parties to stonewall legitimate requests for discovery and destroy discoverable evidence without the fear of sanctions.
House Bill 643, which the state Senate will vote on this week, inappropriately seeks to inject the concept of proportionality into the well-settled scope of discovery. This will add to the costs of litigation and shift the burden of persuasion onto a requesting party, even though the responding party is better positioned to meet that burden of persuasion because it knows what evidence they have, where it is located, what it will take to extract the requested information and what they can claim the effort will cost.
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