Enforcement of Subpoenas; Continuance; Secondary Evidence of Books, Papers, or Documents

1. Law
2. Georgia Code
3. Evidence
4. Securing Attendance of Witnesses and Production and Preservation of Evidence
5. Subpoenas and Notice to Produce
6. Enforcement of Subpoenas; Continuance; Secondary Evidence of Books, Papers, or Documents

1. Subpoenas may be enforced by attachment for contempt and by a fine of not more than $300.00 or not more than 20 days' imprisonment, or both. In all proceedings under this Code section, the court shall consider whether under the circumstances of each proceeding the subpoena was served within a reasonable time, but in any event not less than 24 hours prior to the time that appearance thereunder was required.
2. The court may also in appropriate proceedings grant continuance of the proceeding. Where subpoenas were issued in blank, no continuance shall be granted because of failure to respond thereto when the party obtaining such subpoenas fails to present to the clerk the name and address of the witness so subpoenaed at least six hours before appearance is required.
3. When evidence is unsuccessfully sought, secondary evidence thereof shall be admissible.

(Code 1981, §24-13-26, enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2012, p. 775, § 24/HB 942.)

The 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, revised punctuation in the first sentence of subsection (a).

RESEARCH REFERENCES

C.J.S.

- 32A C.J.S., Evidence, §§ 1019, 1020, 1022. 98 C.J.S. (Rev), Witnesses, §§ 6, 67 et seq.

ALR.

- Mandamus to compel court or judge to require witness to testify or produce documents, 41 A.L.R. 436.

Admissibility of evidence of party's refusal to permit examination or inspection of property or person, 175 A.L.R. 234.

Tort or statutory liability for failure or refusal of witness to give testimony, 61 A.L.R.3d 1297.

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