Subpoena Authority for Investigating Fraudulent Real Estate Transactions

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  6. Subpoena Authority for Investigating Fraudulent Real Estate Transactions

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  1. In any investigation of a violation of Article 5 of Chapter 8 of Title 16 or other criminal violations involving fraudulent real estate transactions, the director, assistant director, or deputy director for investigations shall be authorized to issue a subpoena, with the consent of the Attorney General, to compel the production of books, papers, documents, or other tangible things, including records and documents contained within, or generated by, a computer or any other electronic device.
  2. Upon the failure of a person without lawful excuse to obey a subpoena, the director, assistant director, or the deputy director for investigations, through the Attorney General or district attorney, may apply to a superior court having jurisdiction for an order compelling compliance. Such person may object to the subpoena on grounds that it fails to comply with this Code section or upon any constitutional or other legal right or privilege of such person. The court may issue an order modifying or setting aside such subpoena or directing compliance with the original subpoena. Failure to obey a subpoena issued under this Code section may be punished by the court as contempt of court.

(Code 1981, §35-3-4.2, enacted by Ga. L. 2010, p. 1162, § 3/SB 371.)

Law reviews.

- For annual survey of law on real property, see 62 Mercer L. Rev. 283 (2010).


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