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 […]
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:
- No. 1: It is Georgia law that applies to service of subpoenas. And cost matters.
- No. 2: If personally serving the subpoena, use the best process server you can find, and tell them exactly what you need.
- No. 3: If the out-of-state counsel only wants documents, plan in advance for how those documents will be used in court.
- No. 4: Read the rules. Follow the rules. Then accept the gray areas.
And below are all posts on out-of-state subpoenas.
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 […]
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 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: […]
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 […]
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. § 24-13-23. If […]
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 […]