Under Georgia’s Uniform Interstate Depositions and Discovery Act, a foreign subpoena is submitted to the superior court clerk of the county where the witness resides, who issues a Georgia subpoena promptly. The Act requires no local attorney. Served 123 LLC gets it issued and served.
What to Send Us
Every Georgia Order Includes
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Every Georgia County
Served 123 LLC handles domestications in all 159 counties, and the clerk’s fee is in your quote. The witness’s county decides which clerk issues it; the county finder and clerk directory name that office. We prepare the papers for the clerk who issues your subpoena, and our server serves it on your witness.
Records Subpoenas in Georgia
A subpoena includes one to produce and permit inspection and copying of designated books, documents, records, electronically stored information or tangible things. The foreign subpoena’s terms carry into the Georgia subpoena.
Georgia Subpoena Domestication Order
Our quote covers document preparation, the clerk’s fee and service if ordered.
Four stops take the foreign subpoena from the superior court clerk to a Georgia witness.
A party submits the foreign subpoena to the clerk of superior court of the county in which the person receiving it resides, a route open only when the issuing state has adopted a version of the Uniform Act and never in a criminal proceeding.
The clerk promptly issues a Georgia subpoena that incorporates the foreign subpoena’s terms and contains or comes with the names, addresses and telephone numbers of all counsel of record and of any party not represented by counsel.
Our server serves it within a reasonable time before the appearance, with the tender of one day’s fee plus mileage for a witness who resides outside the county of testimony, which we advance on your quote.
Proof of service may be shown by a return or certificate endorsed on a copy of the subpoena, and it comes back to you with the served copy.
Georgia adopted the Uniform Interstate Depositions and Discovery Act (UIDDA) by statute, House Bill 46 of the 2011-2012 session, now Sections 24-13-110 to 24-13-116 of the Official Code. Below, its text: which clerk takes the foreign subpoena, what the clerk issues, when it is served and where a motion goes.
To request issuance of a subpoena under this Code section, a party shall submit a foreign subpoena to the clerk of superior court of the county in which the person receiving the subpoena resides. A request for the issuance of a subpoena under this Code section shall not constitute an appearance in the courts of this state.
When a party submits a foreign subpoena to a clerk of superior court in this state, the clerk shall promptly issue and provide to the requestor a subpoena for service upon the person to which the foreign subpoena is directed.
A subpoena under subsection (b) of this Code section shall: (1) Incorporate the terms used in the foreign subpoena; and (2) 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.
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.’ … This Code section shall not apply to criminal proceedings.
A subpoena issued by the clerk of superior court under Code Section 24-13-112 or 24-13-113 shall be served in compliance with Code Section 24-13-23 and shall be served within a reasonable time prior to the appearance required by such subpoena.
No reported Georgia appellate decision has yet interpreted Sections 24-13-110 to 24-13-116; the Act’s own text governs submission, issuance and service.
Official texts: House Bill 46 (2012), enacting O.C.G.A. §§ 24-13-110 to 24-13-116; House Bill 24, enacting O.C.G.A. § 24-9-902 and Article 2 of Chapter 13; 45 C.F.R. § 164.512; the 2012 signed bills; the Uniform Superior Court Rules. General information, not legal advice. The official text controls.
Served 123 LLC prepares the Section 24-13-112 papers for the clerk and has the Georgia subpoena served.
Get a Free Quote Online →These cards cover service under Section 24-13-114 and the Article 2 statutes that Section 24-13-115 applies: who serves, mail delivery, proof, timing, the witness’s fees and tender, where testimony is compelled and motions after service. For a summons or other court papers, see process service in Georgia.
Through Section 24-13-115, Article 2’s service statute governs. Section 24-13-24 provides: “A subpoena may be served by any sheriff, by his or her deputy, or by any other person not less than 18 years of age.”
O.C.G.A. § 24-13-24; O.C.G.A. § 24-13-115Under Section 24-13-24, “Proof may be shown by return or certificate endorsed on a copy of the subpoena.” For mail or statutory overnight delivery, the return receipt is the prima facie proof.
O.C.G.A. § 24-13-24The same section continues: “Subpoenas may also be served by registered or certified mail or statutory overnight delivery, and the return receipt shall constitute prima-facie proof of service.” Section 24-13-115 applies it to every subpoena the clerk issues under the Act, beside personal delivery.
O.C.G.A. § 24-13-24; O.C.G.A. § 24-13-115Article 5 sets no distance limit of its own. Under the commission route, the witness is compelled “to appear and testify in the same manner and by the same process and proceeding as may be employed for the purpose of taking testimony in proceedings pending in this state,” and Article 2 applies to every subpoena the clerk issues under the Act.
O.C.G.A. § 24-13-113(b); O.C.G.A. § 24-13-115Section 24-13-114 requires that the subpoena “shall be served in compliance with Code Section 24-13-23 and shall be served within a reasonable time prior to the appearance required by such subpoena.” Article 5 sets no fixed number of days. On enforcement, which Section 24-13-115 carries over, Section 24-13-26(a) adds “in any event not less than 24 hours prior to the time that appearance thereunder was required.”
O.C.G.A. § 24-13-114; O.C.G.A. § 24-13-26(a); O.C.G.A. § 24-13-115Section 24-13-25 provides: “Except as provided in Code Section 24-13-28, the witness fee shall be $25.00 per diem”. Section 24-13-28 sets a separate rule for a law enforcement officer subpoenaed outside duty hours, including in a civil proceeding tied to the officer’s duties. Mileage is “45¢ per mile for traveling expenses for going from and returning to his or her place of residence by the nearest practical route.” We advance both on your quote where tender is required.
O.C.G.A. § 24-13-25“The payment of witness fees shall not be demanded as a condition precedent to attendance; but, when a witness resides outside the county where the testimony is to be given, service of the subpoena, to be valid, shall be accompanied by tender of the witness fee for one day’s attendance plus mileage …” Tender “may be made by United States currency, postal money order, cashier’s check, certified check, or the check of an attorney or law firm.” None is due “When the subpoena is issued on behalf of this state, or an officer, agency, or political subdivision thereof, or an accused in a criminal proceeding.”
O.C.G.A. § 24-13-25“An application for a protective order or to enforce, quash, or modify a subpoena issued by the clerk of superior court under Code Section 24-13-112 or 24-13-113 shall comply with the statutes and court rules of this state and shall be submitted to the superior court of the county in which the subpoena was issued.” Section 24-13-23(b) has the court act “upon written motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith,” and it may “Quash or modify the subpoena if it is unreasonable and oppressive” or condition denial on an advance of the reasonable cost of production.
O.C.G.A. § 24-13-116; O.C.G.A. § 24-13-23(b)Served 123 LLC handles the Section 24-13-114 service and the endorsed proof.
Get a Free Quote Online →What a Georgia subpoena can command a person to produce, and what federal privacy law asks before a provider releases health records.
Section 24-13-111(5)(B) counts as a subpoena a document requiring a person to “Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of such person.” A request for records alone goes through the same clerk of superior court as a deposition subpoena.
O.C.G.A. § 24-13-111(5)(B); O.C.G.A. § 24-13-112(a)A records subpoena issued by the clerk must “Incorporate the terms used in the foreign subpoena,” so the foreign subpoena’s terms carry into the Georgia subpoena. Disputes over a production go to the superior court of the county in which the subpoena was issued. The counsel list of subsection (c)(2) goes with it too.
O.C.G.A. § 24-13-112(c)(1); O.C.G.A. § 24-13-116Section 24-9-902 of the Evidence Code excuses extrinsic evidence of authenticity for the items it lists. Paragraph (11) covers “The original or a duplicate of a domestic record of regularly conducted activity that would be admissible under paragraph (6) of Code Section 24-8-803 if accompanied by a written declaration of its custodian or other qualified person certifying that the record: (A) Was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of such matters; (B) Was kept in the course of the regularly conducted activity; and (C) Was made by the regularly conducted activity as a regular practice.” It adds: “A party intending to offer a record into evidence under this paragraph shall provide written notice of such intention to all adverse parties and shall make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge such record and declaration”. Under Section 24-8-803(6), that certification stands in place of “the testimony of the custodian or other qualified witness.”
O.C.G.A. § 24-9-902(11); O.C.G.A. § 24-8-803(6)A HIPAA covered entity served with the Georgia subpoena may disclose under 45 C.F.R. § 164.512(e). With an order, paragraph (e)(1)(i) permits it “In response to an order of a court or administrative tribunal, provided that the covered entity discloses only the protected health information expressly authorized by such order”. Without one, paragraph (e)(1)(ii) calls for satisfactory assurance from the party seeking the records, in “a written statement and accompanying documentation,” that “reasonable efforts have been made by such party to ensure that the individual who is the subject of the protected health information that has been requested has been given notice of the request” or “to secure a qualified protective order that meets the requirements of paragraph (e)(1)(v) of this section.” The next two cards set out that proof. Under paragraph (e)(1)(vi), the covered entity may disclose without that assurance if it “makes reasonable efforts to provide notice to the individual sufficient to meet the requirements of paragraph (e)(1)(iii) of this section or to seek a qualified protective order sufficient to meet the requirements of paragraph (e)(1)(v) of this section.”
45 C.F.R. § 164.512(e)(1)(i), (ii), (vi)For a Georgia records subpoena, the first kind of assurance is notice to the patient, and the party seeking the records gives it. Under paragraph (e)(1)(iii) that party proves “a good faith attempt to provide written notice to the individual (or, if the individual’s location is unknown, to mail a notice to the individual’s last known address),” that the notice “included sufficient information about the litigation or proceeding in which the protected health information is requested to permit the individual to raise an objection to the court or administrative tribunal,” and that the time to object has passed with “No objections” filed or with all objections “resolved by the court or the administrative tribunal and the disclosures being sought are consistent with such resolution.” Our server delivers the Georgia subpoena to the custodian; the notice and that proof come from your side.
45 C.F.R. § 164.512(e)(1)(iii)For a Georgia records subpoena the second kind of assurance is a qualified protective order. Under paragraph (e)(1)(iv), the party seeking the records shows the parties “have agreed to a qualified protective order and have presented it to the court or administrative tribunal with jurisdiction over the dispute” or that it “has requested a qualified protective order from such court or administrative tribunal.” Paragraph (e)(1)(v) defines it as “an order of a court or of an administrative tribunal or a stipulation by the parties to the litigation or administrative proceeding” that bars use or disclosure “for any purpose other than the litigation or proceeding for which such information was requested” and calls for “return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation or proceeding.”
45 C.F.R. § 164.512(e)(1)(iv)–(v)Served 123 LLC gets a Georgia subpoena that commands production issued and served.
Get a Free Quote Online →These are the places a foreign subpoena in Georgia tends to go wrong, from the clerk of superior court to the witness’s door.
We check our papers and service against the first six and tell you what needs fixing before the subpoena goes out. The seventh, a motion, comes after service; we tell you which superior court hears it.
Pick the county where the witness resides to see which clerk of superior court issues the subpoena, then start a quote; the directory below lists all 159 offices. Not sure which county? Send the witness’s address and we confirm it.
Offices are from the statewide Clerks Directory or the county’s own site. Where a row shows a link, it goes to that county’s own clerk page.
How Alabama, Florida, Tennessee, South Carolina and North Carolina handle a foreign subpoena next to Georgia’s Act, whether the law itself requires a local attorney and who issues the subpoena, each from the state’s own statute or rule. “Check” marks a state whose own court rules leave the local-attorney question open.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| Georgia | O.C.G.A. §§ 24-13-110 to 24-13-116 (2012, HB 46) | No | Clerk of superior court, the witness’s county of residence |
| Alabama | Ala. Code §§ 12-21-400 to 12-21-407 (Act 2012-518) | No | Circuit clerk, discovery county |
| Florida | Fla. Stat. § 92.251 | No | Clerk of court, discovery county |
| Tennessee | Tenn. Code Ann. §§ 24-9-201 to 24-9-207 (Public Chapter 908, 2008) | Check | Clerk of court, discovery county |
| South Carolina | South Carolina Code § 15-47-100 et seq. (2010 Act No. 132) | Check | Clerk of court, discovery county |
| North Carolina | N.C. Gen. Stat. ch. 1F (S.L. 2011-247) | Check | Clerk of court, discovery county |
Every answer cites the Georgia statute, court rule or official source behind it. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
Residence decides it: under § 24-13-112(a) you submit in the witness’s home county. Neither the deposition site nor the lawyer’s office changes that, and Article 5 names no state, probate or magistrate court clerk, only superior. For a company or records custodian, send the address you have and we confirm the county. Start with the county finder to reach the right office.
No. Article 5 calls for no local counsel to submit it, and § 24-13-112(a) says doing so is not an appearance in a Georgia court. A motion that follows is a separate step with its own rules; see the motions card.
Yes. Code Section 24-13-112(d) opens the route only to a subpoena from a jurisdiction that has adopted a version of the Uniform Act, and subsection (e) bars it in any criminal matter. A deposition from any other state may still fit the commission route. Send the papers and we tell you which applies; the Act section quotes them.
Yes, when the witness is needed for a deposition. Under § 24-13-113, that order from an out-of-state court of record lets the clerk in the witness’s home county issue a Georgia subpoena, enforced like one in a local case. A records-only subpoena falls outside this route. See the Act section.
Every counsel of record and any party without a lawyer, with names, addresses and telephone numbers, under § 24-13-112(c)(2), on the subpoena or with it. Send it with your papers; it goes out with the issued subpoena. The Act section quotes subsection (c).
Yes. The UIDDA sits at § 24-13-110 onward, in Article 5 of Chapter 13, and a superior court clerk applies it to issue the subpoena. House Bill 46 is the enacting bill. The Act section links the enrolled bill and signing list.
Any person 18 or older. Section 24-13-24, the Article 2 service statute that § 24-13-115 applies to every subpoena under the Act, names a sheriff, a deputy and that adult. Our server delivers it and completes the proof; the service card quotes it.
Yes, under § 24-13-24. Mail and overnight options sit beside hand delivery, each proved prima facie by the return receipt. When you order service, our server delivers it by hand and completes a dated return. The overnight delivery card gives the wording.
All of Article 2. Section 24-13-115 applies it to the subpoena the clerk issues, so § 24-13-24 says who serves it and how, and § 24-13-25 sets the fees. Section 24-13-114 adds the reasonable-time rule and points to § 24-13-23, on production and motions. The service section covers them.
Yes, and the server’s paperwork carries it. Our server completes the return on a copy of the subpoena, and we send it to you with the served copy. Mailed service rests on the receipt under § 24-13-24 instead. The proof card has the statute’s wording.
One from outside the county of testimony. Under § 24-13-25 service on that witness is valid only with a day’s fee and mileage paid at service, though fees are no condition of appearing. A subpoena issued for the state, its officers, agencies or political subdivisions, or an accused in a criminal proceeding, needs no tender. The tender card has the rule.
Not one of the listed forms. A party’s personal check is missing from the list in § 24-13-25, which runs from United States currency to a check from an attorney or law firm. We choose the form when we advance the tender; the tender card has the full list.
Under § 24-13-116 the motion belongs in the superior court of the county that issued the subpoena, not the court where your case is pending, and a motion to enforce takes the same route. Do not wait: the time set for compliance is the outer limit under Section 24-13-23(b). The motions card has the full text.
Not in Article 5, though other Georgia law may. On the commission route, § 24-13-113(b) compels the witness as in a Georgia proceeding, and § 24-13-115 adds Article 2. An objection to the place goes to the issuing county’s superior court. See Compelled as in a Georgia Case.
Not in days. Code Section 24-13-114 asks for a reasonable time before the appearance, and a court enforcing the subpoena under § 24-13-26(a) looks for that and for 24 hours at the very least. An early order leaves the most room; put your appearance date under Requested Deadline on the form. The reasonable-time card has both texts.
The Act says the clerk “shall promptly issue” it and gives no count of days, so the timing rests with that clerk’s office. We prepare the papers once your order is paid, so an early order gives the clerk the most time; see the Act section.
$25.00 per diem and 45¢ per mile, from the witness’s home and back by the nearest practical route, under § 24-13-25, which House Bill 24 enacted. An unpaid witness can have the clerk issue execution on an affidavit. We advance both on your quote when tender is due; see the witness fee card.
Yes. It covers preparing the papers, the clerk’s fee and, if you order it, service by our server, with any out-of-county tender under § 24-13-25 advanced. It is priced for the superior court clerk in your witness’s county, whichever of the 159 that is; start from the county finder.
One written quote covers document preparation, the clerk’s fee and service, when you order service.
