Legal Opinion

Millholland v. Neal

Court of Appeals of Georgia

Decided September 10, 1968No. 43945PublishedCited by 3 opinions

1Opinion of the Court

Deen, Judge.

1. (a) When Rule 26 (d), 28 USCA of the Federal Rules of Civil Procedure was adapted to the Georgia Code of Civil Practice, Code Ann. § 81A-126 (d), the language of the former indicating a regard for the “importance of presenting the testimony of witnesses orally in open court” was dropped and the following subsection was added: “(4) The deposition of a witness, whether or not a party taken upon oral examination, may be used in the discretion of the trial judge, even though the witness is available to testify in person at the trial. The use of the deposition shall not be ground…

2Cases cited9 opinions

  1. Southland Butane Gas Co. v. BlackwellSupreme Court of Georgia · 1955
  2. Rogers v. JohnsonCourt of Appeals of Georgia · 1956
  3. Canal Insurance Co. v. TateCourt of Appeals of Georgia · 1965
  4. Bassett v. CallawayCourt of Appeals of Georgia · 1945
  5. Roberts v. Georgia Southern Supply Co.Court of Appeals of Georgia · 1955

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3Cited by3 opinions

  1. Union Carbide Corp. v. HoltonCourt of Appeals of Georgia · 1975
  2. Watson v. Elberton-Elbert County Hospital AuthoritySupreme Court of Georgia · 1972
  3. Garrison v. Rich'sCourt of Appeals of Georgia · 1980

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