What Is a Subpoena in Georgia?
Short answer: A subpoena is a court command that requires a person to testify, or to produce documents or other evidence, at a deposition, hearing or trial. In a Georgia injury case, subpoenas are a main way lawyers get testimony and records from witnesses and businesses that are not parties to the lawsuit.
Definition
“Subpoena” is Latin for “under penalty,” because ignoring one can bring a penalty from the court. A subpoena that requires someone to bring documents or things is often called a subpoena duces tecum.
How it works in Georgia
- Who issues it: The clerk of court makes blank subpoenas available, and an attorney of record may issue and sign one as an officer of the court for any deposition, hearing or trial (O.C.G.A. § 24-13-21). Deposition subpoenas are also governed by O.C.G.A. § 9-11-45.
- Documents: A subpoena can require a person to produce designated evidence. A court may quash or modify one that is unreasonable and oppressive (O.C.G.A. § 24-13-23).
- Service: A sheriff, a deputy or any person at least 18 years old may serve a subpoena, or it can be sent by registered or certified mail or statutory overnight delivery (O.C.G.A. § 24-13-24). A witness is generally entitled to a $25 daily fee plus mileage (O.C.G.A. § 24-13-25).
- Enforcement: A court can enforce a subpoena through contempt, with a fine of up to $300, up to 20 days in jail, or both. It considers whether the subpoena was served a reasonable time ahead, and at least 24 hours before the appearance (O.C.G.A. § 24-13-26).
Example
A delivery van hits you at an intersection in Duluth, and you file suit. Your lawyer subpoenas a nearby gas station for its security video and subpoenas a customer who saw the crash to give a deposition. The sworn account and the video become evidence the defense has to deal with.
Why it matters for your claim
- Key evidence, such as video, 911 recordings and phone records, is often held by people or companies outside the lawsuit.
- Businesses often record over video quickly, so early preservation letters and prompt subpoenas matter.
- A subpoena can secure sworn testimony from a witness who would rather not get involved.
Read more: How long a personal injury case takes in Georgia.
Related terms
Frequently Asked Questions
What happens if someone ignores a subpoena?
The court can hold the person in contempt, which can mean a fine, jail time or both. If you believe a subpoena you received is improper, have a lawyer promptly ask the court to quash or modify it instead of ignoring it.
Can a subpoena be issued before a lawsuit is filed?
Generally no, because a subpoena is issued in a pending case. Before suit, your lawyer typically sends preservation letters asking people and businesses to keep evidence such as video.
Browse the full Georgia personal injury glossary
Questions about how this applies to your accident? Call 888-BIG-GUNN or request a free case review. There is no fee unless we recover for you.
This is general information about Georgia law, not legal advice for your situation.
