Exemption of Witnesses From Arrest and Service of Process

  1. Law
  2. Georgia Code
  3. Evidence
  4. Securing Attendance of Witnesses and Production and Preservation of Evidence
  5. Uniform Act to Secure the Attendance of Witnesses From Without the State
  6. Exemption of Witnesses From Arrest and Service of Process

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  1. If a person comes into this state in obedience to a summons directing him or her to attend and testify in this state, such person shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before such person's entrance into this state under the summons.
  2. If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he or she shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before such person's entrance into this state under the summons.

(Code 1981, §24-13-96, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

Cross references.

- Exercise of personal jurisdiction over nonresidents generally, § 9-10-90 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

- 5 Am. Jur. 2d, Arrest, § 85. 62B Am. Jur. 2d, Process, § 36 et seq. 81 Am. Jur. 2d, Witnesses, §§ 34, 35, 39.

C.J.S.

- 6A C.J.S., Arrest, § 5. 72 C.J.S., Process, § 33 et seq.

ALR.

- Immunity of nonresident litigant or witness from service of process as affected by transactions or activities unrelated to action, 162 A.L.R. 280.

Privilege of party, witness, or attorney while going to, attending, or returning from court as extending to privilege from arrest for crime, 74 A.L.R.2d 592.


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