Out-of-State Subpoena Citations

by Rebecca on May 6, 2016

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In the five years since my article Obtaining Out-of-State Evidence for State Court Civil Litigation: Where to Start? was published in the Georgia Bar Journal, several additional states have adopted the Uniform Interstate Depositions and Discovery Act. Included in that article was a chart with citations to each state’s statute or rule on getting out-of-state subpoenas, but it’s […]

Post image for Can an attorney serve an unenforceable subpoena?

With all the different procedures for obtaining evidence outside Georgia, the temptation is there. You, as the Georgia attorney, are thinking: Can’t I just serve the Georgia subpoena on my out-of-state witness and see what happens? Maybe I’ll get the documents, maybe I won’t. But if I do, I’ve saved a lot of time and money. […]

PerfectIt: new editing tool for lawyers

by Rebecca on November 25, 2015

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I’ve written before about tools I use in my practice to help me be efficient. I’ve now added one more tool to help with legal writing. PerfectIt by Intelligent Editing has recently released a new style sheet called American Legal Style. It’s a Word add-in to help edit legal documents. The creator knew I used […]

Join my webinar on out-of-state subpoenas

by Rebecca on May 31, 2015

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I’m giving a live webinar on June 18, 2015, at 2 p.m. ET through myLawCLE called Out-of-State Subpoenas: Ending the Game of Hot Potato. When an out-of-state witness appears in your discovery plan, it often seems that no one wants to touch it. When that responsibility is thrown from person to person and lands on your […]

Post image for Do I have to comply with an out-of-state subpoena?

I hear this question a lot. The answer is, “maybe.” The next shortest answer I can give is that, although a witness has no excuse to ignore a subpoena based simply on the fact that the case is pending outside the state where the witness lives, you do not need to automatically comply with the […]

Post image for Can I subpoena a Georgia witness for a civil trial outside Georgia?

For a state-court case, the answer is no. There is no procedure to compel a Georgia witness to travel outside Georgia for a civil trial in another state’s state court. Subpoenas are powerful documents, but their power is limited. If you have a civil case outside Georgia and you want a Georgia witness to testify […]

rollercoaster abruptly ending

You finally finished drafting the argument section of your brief; you are mentally spent. So for the conclusion you copy and paste: “For the foregoing reasons, Defendant asks this Court to grant its motion.” Yes, it feels a little anticlimactic and abrupt, but at least the brief is done. Perhaps you think that judges aren’t […]

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(Post is updated with the Georgia code sections that went into effect in 2013, and to link to my August 2015 citation chart. – RBP) Yesterday UIDDA, as drafted in HB 46, went into effect in Georgia. Here are the highlights: 1. There are now two procedures for issuing subpoenas in Georgia for out-of-state matters, the UIDDA […]