The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within the state of Georgia:

The party seeking the subpoena must comply with the following state statutes:

Interstate and International Depositions and Discovery Act:

Click here for Georgia Code 24 secttion 24-13-112

Serving the subpoena:

Click here for Georgia Code 24-10-23

Georgia forms:

Click here for Georgia Forms

Required Steps:

  1. The party requesting shall submit a foreign subpoena to the clerk of the Superior Court in the county in which the person receiving the subpoena resides. This does not constitute an appearance in the courts of Georgia.
  2. A subpoena under this rule shall incorporate the terms used in the foreign subpoena and contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
  3. Pay the fee of $5.00 for an issued and sealed subpoena.
  4. This Code section shall only apply to a subpoena to be issued in this state if the foreign jurisdiction that issued the foreign subpoena has adopted a version of the “Uniform Interstate Depositions and Discovery Act.”

Witness fees:

As per Georgia Code 24-13-25, witness shall receive $25 per day, plus .45 per mile to and from court.

Notice time:

Georgia only requires “reasonable notice,” but never less than 24 hours.

Notice to adverse parties:

As per Georgia Code 9-11-30, a party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition, the means by which the testimony shall be recorded, and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person to be examined or the particular class or group to which he or she belongs. If a subpoena for the production of documentary and tangible evidence is to be served on the person to be examined, the designation of the materials to be produced, as set forth in the subpoena, shall be attached to, or included in, the notice.