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December 2010 CIVIL PROCEDURE Ch 1, p.29
mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of
a party concerning the litigation.
A party may obtain without the required showing a statement concerning the action or its subject
matter previously made by that party. Upon request, a person not a party may obtain without the
required showing a statement concerning the action or its subject matter previously made by that
person. If the request is refused, the person may move for a court order. The provisions of rule
1.517(1)(d) apply to the award of expenses incurred in relation to the motion. For purposes of this
rule, a statement previously made is any of the following:
a. A written statement signed or otherwise adopted or approved by the person making it.
b. A stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is
a substantially verbatim recital of an oral statement by the person making it and contemporaneously
recorded.
1.503(4) Supplementation of responses. A party who has responded to a request for discovery
is under a duty to supplement or amend the response to include information thereafter acquired as
follows:
a. A party is under a duty seasonably to supplement the response with respect to any question
directly addressed to any of the following:
(1) The identity and location of persons having knowledge of discoverable matters.
(2) The identity of each person expected to be called as a witness at trial.
(3) Any matter that bears materially upon a claim or defense asserted by any party to the action.
b. A party is under a duty seasonably to amend a prior response if the party obtains information
upon the basis of which:
(1) The party knows that the response was incorrect when made.
(2) The party knows that the response though correct when made is no longer true and the
circumstances are such that a failure to amend the response is in substance a knowing concealment.
c. As provided in rule 1.508(3), a party shall supplement discovery as to experts and the substance
of their testimony.
d. An additional duty to supplement responses may be imposed by order of the court, agreement of
the parties, or at any time prior to trial through new requests for supplementation of prior responses.
1.503(5) Claims of privilege or protection of trial-preparation materials.
a. Information withheld. When a party withholds information otherwise discoverable under these
rules by claiming that it is privileged or subject to protection as trial-preparation material, the party
shall make the claim expressly and shall describe the nature of the documents, communications, or
things not produced or disclosed in a manner that, without revealing information itself privileged or
protected, will enable other parties to assess the applicability of the privilege or protection.
b. Information produced. If information is produced in discovery that is subject to a claim of
privilege or of protection as trial-preparation material, the party making the claim may notify any
party that received that information of the claim and the basis for it. After being notified, a party must
promptly return, sequester, or destroy the specified information and any copies it has and may not use
or disclose the information until the claim is resolved. A receiving party may promptly present the
information to the court under seal for a determination of the claim. If the receiving party disclosed
the information before being notified, it must take reasonable steps to retrieve it. The producing party
must preserve the information until the claim is resolved.
[Report 1943; amendment 1973; amended by 65GA, ch 315, §3; amendment 1980; Report February 13,
1986, effective July 1, 1986; May 28, 1987, effective August 3, 1987; October 31, 1997, effective January
24, 1998; November 9, 2001, effective February 15, 2002; February 14, 2008, effective May 1, 2008]
COMMENT: Rule 1.503(4) states the duty to supplement in the affirmative and expands that duty to require supplementation as
to material matters and as to experts.
Rule 1.504 Protective orders.
1.504(1) Upon motion by a party or by the person from whom discovery is sought or by any person
who may be affected thereby, and for good cause shown, the court in which the action is pending or
alternatively, on matters relating to a deposition, the court in the district where the deposition is to be
taken:
a. May make any order which justice requires to protect a party or person from annoyance,
embarrassment, oppression, or undue burden or expense, including one or more of the following:
(1) That the discovery not be had.