Arbitration governed by state arbitration statutes In Georgia, there must be a “mandate, writ, or commission” issued “out of any court of record in any other state” in order to permit the clerk to issue a subpoena for an out-of-state matter. O.C.G.A. § 24-10-111. So if you are involved in an arbitration matter elsewhere, an [...]
After not passing last year as HB 917, a version of the UIDDA (Uniform Interstate Depositions and Discovery Act) was introduced yesterday in the House as HB 46. The proposed Act is set to be effective July 1, 2011. Although this version includes the UIDDA, it still includes language very similar to the UFDA (Uniform [...]
We like to stick with the familiar, so when attorneys are called to go out of their state and figure out the procedure to issue a subpoena, it can be daunting. What’s the procedure? What’s the cost? And so they wait to see if they really need that evidence. But too often I get calls [...]
A Georgia witness has no excuse to ignore a subpoena based simply on the fact that the case is pending outside Georgia. That’s the shortest answer I can give. Both federal and Georgia law allow parties in cases pending in other states to obtain testimony and documents from nonparty witnesses outside that state. But you [...]
When you are feeling overwhelmed, when your client is demanding a project with a quick turnaround and you just don’t have the time, or when you have a case that has heated up and you need one more attorney just for that case, then the time has come for you to consider using an independent [...]
I like to think I know how to design a document. You won’t catch me using two spaces after a period. I don’t use all caps. And my AutoCorrect options are set to use curly quotes. So I was feeling pretty good through the first 50 pages of Typography for Lawyers: Essential Tools for Polished [...]
Forget your teacher’s red marker. I’m an English major and grew up going to fantastic public schools in Virginia. But somewhere along the way I thought that I could not start sentences with And or But. Not until after law school did I learn I was wrong. And if you’ve read my other legal-writing posts, [...]
Because federal subpoenas for any district can be issued by an attorney in the pending litigation and one rule governs, obtaining documents and testimony from across the country can be smoother than in state court cases. If your case calls for a subpoena to be served to get the documents or testimony, there are technicalities [...]
