Requirements for Issuance of Foreign Subpoenas; Application

  1. Law
  2. Georgia Code
  3. Evidence
  4. Securing Attendance of Witnesses and Production and Preservation of Evidence
  5. Uniform Interstate Depositions and Discovery Act
  6. Requirements for Issuance of Foreign Subpoenas; Application

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  1. To request issuance of a subpoena under this Code section, a party shall submit a foreign subpoena to the clerk of superior court of the county in which the person receiving the subpoena resides. A request for the issuance of a subpoena under this Code section shall not constitute an appearance in the courts of this state.
  2. When a party submits a foreign subpoena to a clerk of superior court in this state, the clerk shall promptly issue and provide to the requestor a subpoena for service upon the person to which the foreign subpoena is directed.
  3. A subpoena under subsection (b) of this Code section shall:
    1. Incorporate the terms used in the foreign subpoena; and
    2. Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
  4. This Code section shall only apply to a subpoena to be issued in this state if the foreign jurisdiction that issued the foreign subpoena has adopted a version of the "Uniform Interstate Depositions and Discovery Act."
  5. This Code section shall not apply to criminal proceedings.

(Code 1981, §24-13-112, enacted by Ga. L. 2012, p. 651, § 2-1/HB 46.)


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