9-11-45
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9-11-45.
(a)(1)(A)
The clerk of the superior court of the county in which the action is pending or
the clerk of any court of record in the county where the deposition is to be
taken shall issue subpoenas for the persons sought to be deposed, upon request.
(B)
Upon agreement of the parties, an attorney, as an officer of the court, may
issue and sign a subpoena for the person sought to be deposed on behalf of a
court in which the attorney is authorized to practice or a court for a venue in
which a deposition is compelled by the subpoena, if the deposition pertains to
an action pending in a court in which the attorney is authorized to practice.
(C)
Subpoenas issued pursuant to this paragraph shall be issued and served in
accordance with law governing issuance of subpoenas for attendance at court,
except as to issuance by an attorney. The subpoena may command the person to
whom it is directed to produce and permit inspection and copying of designated
books, papers, documents, or tangible things which constitute or contain matters
within the scope of the examination permitted by subsection (b) of Code Section
9-11-26, but in that event the subpoena will be subject to subsection (c) of
Code Section 9-11-26; or the court, upon motion made promptly and in any event
at or before the time specified in the subpoena for compliance therewith, may
quash or modify the subpoena if it is unreasonable and oppressive, or condition
denial of the motion upon the advancement by the person in whose behalf the
subpoena is issued of the reasonable cost of producing the books, papers,
documents, or tangible things.
(2)
The person to whom the subpoena is directed may, within ten days after the
service thereof or on or before the time specified in the subpoena for
compliance, if such time is less than ten days after service, serve upon the
attorney designated in the subpoena written objection to inspection or copying
of any or all of the designated materials. If objection is made, the party
serving the subpoena shall not be entitled to inspect and copy the materials
except pursuant to an order of the court from which the subpoena was issued. The
party serving the subpoena may, if objection has been made, move, upon notice to
the deponent, for an order at any time before or during the taking of the
deposition, provided that nothing in this Code section shall be construed as
requiring the issuance of a subpoena to compel a party to attend and give his
deposition or produce documents at the taking of his deposition where a notice
of deposition under Code Section 9-11-30 has been given or a request under Code
Section 9-11-34 has been served, such notice or request to a party being
enforceable by motion under Code Section 9-11-37.
(b)
A person who is to give a deposition may be required to attend an examination:
(1)
In the county wherein he resides or is employed or transacts his business in
person;
(2)
In any county in which he is served with a subpoena while therein;
or
(3)
At any place which is not more than 30 miles from the county seat of the county
wherein the witness resides, is employed, or transacts his business in person.