Stipulation to Extend Discovery Deadline
(GA)

Summary

This Stipulation to Extend Discovery Deadline (GA) is for use in Georgia superior and state court civil litigation. This template represents the parties’ mutual consent to extend the deadline for the response to particular discovery requests in their case; filing it with the court binds the parties. O.C.G.A. § 9-11-6(b). It contains practical guidance and drafting notes. To ensure that your stipulation is valid, be sure to obtain and file it before the original deadline. According to Georgia case law, a stipulation for extension must be filed with the court prior to the original deadline in order to bind the parties. See Wilcher v. Smith, 568 S.E.2d 589, 591 (Ga. App. 2002). The parties may also extend the response time for discovery responses through less formal agreements among counsel. Any agreement should always be written. Use this stipulation to avoid any uncertainty about the effect of your agreement. Another way to extend a deadline is by court order. For more information, see Extending Time in Litigation (GA). The computation rules of O.C.G.A. § 1-3-1(d)(3) must be used in computing any time period or deadline prescribed or allowed. O.C.G.A. § 9-11-6(a). • First day of period. In general, a designated time period is computed starting with the first day after the day of the act or event from which the designated period begins to run. O.C.G.A. § 1-3-1(d)(3). • Last day of period. The last day of the period so computed is included as part of the period, unless it is a Saturday, Sunday or legal holiday. In that event the period will run until the end of the next day which is neither a Saturday, Sunday nor legal holiday. O.C.G.A. § 1-3-1(d)(3). • Weekends and legal holidays. Saturdays, Sundays and legal holidays as set forth in O.C.G.A. § 1-4-1 are excluded from the computation of any time period of less than seven days. O.C.G.A. § 1-3-1(d)(3). For more information on stipulations and deadlines, see Extending Time in Litigation (GA) and Computing Time in Litigation (GA).