Out-of-State Subpoena Toolkit
No matter the job, you need the right tools. Here are some of the tools for out-of-state subpoenas in state-court civil litigation, particularly if you need a subpoena in Georgia. Note that under Georgia’s UIDDA, requesting a subpoena under O.C.G.A. § 24-13-112 “shall not constitute an appearance in the courts of this state.” So having local counsel is not required.
Rebecca Phalen, Obtaining Out-of-State Evidence for State Court Civil Litigation: Where to Start?, Ga. Bar J., Oct. 2011, at 18.
Rebecca Phalen, Best Practices for Issuing Subpoenas: Depositions of Georgia Residents in Cases Pending Out of State,Ga. Bar J., June 2007, at 12. Some of these procedures have since changed now that Georgia has adopted the Uniform Interstate Depositions and Discovery Act, so read my post on the changes.
- Updated Out-of-State Subpoena Citations (updated May 2016)
- Practice Pointer No. 1: It is Georgia law that applies to service of subpoenas. And cost matters.
- Practice Pointer No. 2: If personally serving the subpoena, use the best process server you can find, and tell them exactly what you need.
- Practice Pointer No. 3: If the out-of-state counsel only wants documents, plan in advance for how those documents will be used in court.
- Practice Pointer No. 4: Read the rules. Follow the rules. Then accept the gray areas.
- All Out-of-State Subpoena posts
myLawCLE’s Out-of-State-Subpoenas: Ending the Game of Hot Potato (presented June 2015; available on-demand from myLawCLE)
Out-of-State Subpoenas: Getting there from here, presented November 15, 2011