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.

Blog 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


Sample commission