by Rebecca on January 25, 2011
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 [...]
by Rebecca on January 19, 2011
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 [...]
by Rebecca on January 13, 2011
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 [...]
by Rebecca on October 7, 2010
To conclude the series, I end with where I start. Practice Pointer No. 4: Read the rules. Follow the rules. Then accept the gray areas. It doesn’t matter how many times I have helped out-of-state attorneys have subpoenas issued and served in Georgia. Every time I read the rules. I have the commission, the notice [...]
by Rebecca on August 17, 2010
In the three years since my article Best Practices for Issuing Subpoenas: Depositions of Georgia Residents in Cases Pending Out of State was published, I’ve been helping out-of-state counsel issue, serve, and enforce out-of-state subpoenas. And almost every case teaches me something new. I began this series with Practice Pointer No. 1: It is Georgia [...]
by Rebecca on August 2, 2010
In the three years since my article Best Practices for Issuing Subpoenas: Depositions of Georgia Residents in Cases Pending Out of State was published, I’ve been helping out-of-state counsel issue, serve, and enforce out-of-state subpoenas. And almost every case teaches me something new. I began the series with Practice Pointer No. 1: It is Georgia [...]
by Rebecca on July 22, 2010
In the three years since my article Best Practices for Issuing Subpoenas: Depositions of Georgia Residents in Cases Pending Out of State was published, I’ve continued helping out-of-state counsel issue, serve, and enforce out-of-state subpoenas. And I learn something new and refine this area of my practice with almost every case. I’ll be sharing some [...]
by Rebecca on May 19, 2010
Georgia’s legislative session ended without HB 917 being adopted. Although it passed the Senate Judiciary Committee, no further action was taken. The State Bar of Georgia supported this bill, and its legislative update (no longer available online) simply noted that the bill did not make it on the calendar for Senate action. The last version [...]