Out-of-State Subpoenas

Out-of-State Subpoena Citations

by Rebecca on May 6, 2016

Post image for Out-of-State Subpoena Citations

In the five 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 Can an attorney serve an unenforceable subpoena?

With all the different procedures for obtaining evidence outside Georgia, the temptation is there. You, as the Georgia attorney, are thinking: Can’t I just serve the Georgia subpoena on my out-of-state witness and see what happens? Maybe I’ll get the documents, maybe I won’t. But if I do, I’ve saved a lot of time and money. […]

Join my webinar on out-of-state subpoenas

by Rebecca on May 31, 2015

Post image for Join my webinar on out-of-state subpoenas

I’m giving a live webinar on June 18, 2015, at 2 p.m. ET through myLawCLE called Out-of-State Subpoenas: Ending the Game of Hot Potato. When an out-of-state witness appears in your discovery plan, it often seems that no one wants to touch it. When that responsibility is thrown from person to person and lands on your […]

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

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 […]

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

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 […]

Post image for New subpoena procedures in effect under UIDDA

(Post is updated with the Georgia code sections that went into effect in 2013, and to link to my August 2015 citation chart. – RBP) Yesterday 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 […]

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 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. § 24-13-23. If […]