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Lawskills.com Georgia Caselaw
HILL v. BARTLETT.
46188.
EVANS, Judge.
Contempt. Dougherty Superior Court. Before Judge Kelley.
On October 12, 1970, Hill was found guilty of contempt of the Recorder's Court of the City of Albany, Georgia. He petitioned the Superior Court of Dougherty County for a writ of certiorari, ordering the recorder to send the case up for review. The recorder answered, and the plaintiff in certiorari traversed the answer in certain particulars. Whereupon the recorder served interrogatories upon Hill, and a notice to take the deposition of a witness. Hill moved the court for an order vacating the notice as to the deposition, and for an order relieving him from answering the interrogatories, on the ground that the case is not a suit of a civil nature as contemplated by the new Civil Practice Act of Georgia. The lower court held that the case was from a conviction of criminal contempt of the Recorder's Court of the City of Albany, and was therefore a case of a civil nature, and refused to grant the protective order and, in effect, allowed the discovery to proceed. The appeal is from this order. There was a proper certification by the trial judge for immediate review. Held:
App. 362, 365 (121 SE2d 811); Pedigo v. Celanese Corp. of America, 205 Ga. 392 (3) (54 SE2d 252), cert. denied, 338 U. S. 937 (70 SC 346, 94 LE 578). Under the new Civil Practice Act of 1966, as amended (CPA, 1; Code Ann. 81A-101; Ga. L. 1966, pp. 609, 610), this statute "governs the procedure in all courts of record . . . in all suits of a civil nature." In all civil cases either party is entitled to discovery (CPA 26-37, as amended; Code Ann. 81A-126 et seq.) Accordingly, the recorder in this case was entitled to discovery, and the judge of the trial court properly denied the protective order sought by Hill.
Landau, Davis & Farkas, James V. Davis, for appellee.
Smith, Gardner, Wiggins, Geer & Brimberry, Chas. F. Hatcher, for appellant.
SUBMITTED MAY 5, 1971 -- DECIDED JUNE 15, 1971.
Friday May 22 15:53 EDT


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