I’ve written before about a Georgia advisory opinion that addresses the misuse of subpoenas and requires attorneys to either notice or jointly schedule a deposition before having a subpoena issued. The advisory opinion is treated as persuasive authority, and it has now been cited in a trial-court opinion discussing discovery abuses. Trial court ruled that [...]
There is no procedure to compel a Georgia witness to travel for a civil trial outside the state. 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 live at that trial, there is only one viable option: Secure the [...]
In Georgia, the answer is no—even though substituted service can be good service for a complaint. Service of a complaint and service of subpoenas are governed by different rules. Don’t get them mixed up! When you need to subpoena an individual, the only ways to serve that individual are outlined in O.C.G.A. § 24-10-23. If [...]
Last night I spoke to the Atlanta chapter of the NALS on out-of-state subpoenas. I was honored to be asked to speak and enjoyed the group. Below is the presentation.
With all the different procedures outlined in my recent article for obtaining evidence outside Georgia, and with the procedures varying by the over 3,000 counties and parishes in the U.S.*, the temptation is there. You, as the Georgia attorney, are thinking: Can’t I just serve the Georgia subpoena and see what happens? Maybe I’ll get [...]
I love a good chart. Whether it is for knitting a scarf, being team coordinator for my daughter’s soccer team (Go, Cheetahs!), or for 50-state surveys, I find them to be a necessity. So clean and clear-cut, imposing order. I also have a chart, thanks to Google, to know what my most viewed page is [...]
I’ve previously covered how to obtain documents and testimony in Georgia for an out-of-state case (see my articles and posts listed on my Out-of-State Subpoena Toolkit page). But what about other states? There is now a listing of the current statutes and rules governing the process for all fifty states, D.C., and the Virgin Islands. [...]
Update 1/31/2012: As expected, the Senate has passed HB 46 with the reciprocity provision. The amended legislation is now available on the General Assembly’s website. ******************************************************************* In a week, several pieces of legislation in Georgia will become effective, but the Uniform Interstate Depositions and Discovery Act will not be one of them. It was introduced [...]
