2022 Georgia Code
Title 24 - Evidence
Chapter 13 - Securing Attendance of Witnesses and Production and Preservation of Evidence
Article 2 - Subpoenas and Notice to Produce
§ 24-13-21. Subpoena for Attendance of Witnesses — Form; Issuance; Subpoena in Blank

1. As used in this Code section, the term “subpoena” includes a witness subpoena and a subpoena for the production of evidence.
2. A subpoena shall state the name of the court, the name of the clerk, and the title of the proceeding and shall command each person to whom it is directed to attend and give testimony or produce evidence at a time and place specified by the subpoena.
3. The clerk of court shall make subpoenas in blank available on demand by electronic or other means to parties or their counsel or to the grand jury.
4. An attorney who is counsel of record in a proceeding may issue and sign a subpoena obtained by electronic or other means from the clerk of court as an officer of a court for any deposition, hearing, or trial held in conjunction with such proceeding.
5. A district attorney may issue, and upon the request of the grand jury shall issue, a subpoena in grand jury proceedings.
6. A subpoena shall be completed prior to being served.
7. Subpoenas are enforceable as provided in Code Section 24-13-26.
8. If an individual misuses a subpoena, he or she shall be subject to punishment for contempt of court and shall be punished by a fine of not more than $300.00 or not more than 20 days’ imprisonment, or both.

History. Code 1981, § 24-13-21 , enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2012, p. 775, § 24/HB 942.

Cross references.

Subpoena, Fed. R. Civ. P. 45.

Subpoena, Fed. R. Crim. P. 17.

The 2012 amendment, effective May 1, 2012, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsection (h).

Law reviews.

For article, “Best Practices for Issuing Subpoenas Depositions of Georgia Residents in Cases Pending Out of State,” see 12 Ga. St. B.J. 12 (2007).