Nonparty Subpoenas

Whether you are an attorney needing to serve a nonparty subpoena or you’ve been served, there are posts below for you.

Attorneys: My most popular post is my detailed overview of serving nonparty subpoenas in federal court. I’ve also written on the federal courts’ split on Rule 45 and personal service, and I’ve covered Georgia’s more definitive answer on the matter.

Wondering if you need local counsel to assist you with a federal subpoena? This post may help you decide.

Nonparties: So you’ve been served. No one wants to be involved in litigation when they aren’t even a party. But you may have some options. I’ve written on what to do when you are served with a subpoena and what kind of questions I or another attorney would ask to determine your rights in responding. You may have also been served a subpoena for a case out of state and need to know whether to comply. The posts in this category will begin to answer those questions and more.

Post image for Procuring a “secret” subpoena is a sanctionable discovery abuse

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 […]

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

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 […]

Post image for Can an individual be served with a subpoena by substituted service in state court?

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 […]

Out-of-State Subpoena Presentation

by Rebecca on November 16, 2011

Post image for Out-of-State Subpoena Presentation

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.

Can an attorney serve an unenforceable subpoena?

by Rebecca on November 3, 2011

Post image for Can an attorney serve an unenforceable subpoena?

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 […]

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

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 […]

Post image for Served with a subpoena? Here’s what I’ll ask you.

I’ve written before about how an attorney can help you sort through the issues when you are served with a subpoena. And now I want to let you know what an attorney needs to know to analyze your situation. Without knowing the gritty details, no attorney can answer “yes” or “no” to your question, “Do […]

Post image for When to hire local counsel for discovery in federal courts outside state lines?

Unlike the patchwork of state rules governing out-of-state discovery, federal rules make it much easier to get documents and testimony outside state lines. When you, as the attorney, need testimony or documents from a witness in a federal judicial district in which you are not admitted, you may need local counsel—an attorney admitted to practice […]