2021 Georgia Code
Title 24 - Evidence
Chapter 13 - Securing Attendance of Witnesses and Production and Preservation of Evidence
Article 2 - Subpoenas and Notice to Produce
§ 24-13-27. Notice to Produce

Universal Citation: GA Code § 24-13-27 (2021)

Where a party desires to compel production of evidence in the possession, custody, or control of another party, in lieu of serving a subpoena under this article, the party desiring the production may serve a notice to produce upon counsel for the other party. Service may be perfected in accordance with Code Section 24-13-24, but no witness fees or mileage shall be allowed therefor. Such notices may be enforced in the manner prescribed by Code Section 24-13-26, and Code Section 24-13-23 shall also apply to such notices. The notice shall be in writing, signed by the party seeking production of the evidence, or the party's attorney, and shall be directed to the opposite party or his or her attorney.

(Code 1981, §24-13-27, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

Cross references.

- Discovery of documentary and tangible evidence generally, § 9-11-34.

Law reviews.

- For article discussing available means of discovery for criminal cases in Georgia, see 12 Ga. St. B.J. 134 (1976). For note, "Criminal Discovery: The Use of Notices to Produce," see 30 Mercer L. Rev. 331 (1978).

JUDICIAL DECISIONS

ANALYSIS

  • General Consideration
  • Criminal Cases

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former O.C.G.A. § 24-10-26 are included in the annotations for this Code section.

Law enforcement officer who was covered by the Fair Labor Standards Act of 1938 would not be entitled to the witness fee established by former O.C.G.A. § 24-10-26 for testifying during "off-duty" hours. 1986 Op. Att'y Gen. No. U86-26 (decided under former O.C.G.A. § 24-10-26).

RESEARCH REFERENCES

C.J.S.

- 32A C.J.S., Evidence, § 755.

ALR.

- Right of accused in state courts to inspection or disclosure of evidence in possession of prosecution, 7 A.L.R.3d 8.

Right of defendant in criminal case to inspection of statement of prosecution's witness for purposes of cross-examination or impeachment, 7 A.L.R.3d 181.

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