Out-of-State Subpoenas

Don’t let state lines inhibit your discovery process in state-court litigation. You simply need to know where to start.

Do you want to obtain evidence or testimony in Georgia? Read this article: Best Practices for Issuing Subpoenas: Depositions of Georgia Residents in Cases Pending Out of State. I have also put together an Out-of-State Subpoena Toolkit with my resources on the Georgia procedure.

Need evidence or testimony elsewhere? Read my article identifying the citations for each state: Obtaining Out-of-State Evidence for State Court Civil Litigation: Where to Start?

Here are my four practice pointers:

And below are all posts on out-of-state subpoenas.

Out-of-State Subpoena Citations

by Rebecca on December 11, 2014

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In the three 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 New subpoena procedures in effect under UIDDA

(Post below is updated with the Georgia code sections that went into effect on January 1, 2013. – RBP) Yesterday the 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 and the UFDA: […]

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

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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 […]

Need out-of-state subpoena info for all states?

by Rebecca on October 12, 2011

Post image for Need out-of-state subpoena info for all states?

Updated June 13, 2014: I have uploaded a new chart with updated citations to each state’s statute or rule governing out-of-state subpoenas. 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 […]