Rule 616-1-2-.19 - Subpoenas; Notices to Produce(1)Subpoenas. Subpoenas may be issued which require the attendance and testimony of witnesses and the production of objects or documents at depositions or hearings provided for by these Rules.(a) The party on whose behalf the subpoenas are issued shall be responsible for completing and serving the subpoenas sufficiently in advance of the hearing to secure the attendance of a witness, the deposed testimony of the witness, or the production of objects or documents at the time of the hearing.(b) Subpoena forms may be obtained from the Court's website. Every subpoena must:1. be in writing and state the title of the action;2. be filed with the Court at least five (5) calendar days prior to the hearing or deposition at which a witness or document is sought;3. be served on all parties; and4. identify the witnesses whose testimony is sought or the documents or objects sought to be produced.(c) Service of subpoenas shall be completed as follows:1. A subpoena may be served at any place within Georgia and by any sheriff, sheriff's deputy, or any other person not younger than eighteen (18) years of age. Proof of service may be shown by certificate endorsed on a copy of the subpoena.2. Subpoenas may also be served by registered or certified mail, and the return receipt shall constitute prima facie proof of service.3. Service of a subpoena directed to a party may be made by serving the party's counsel of record.(d) Fees and mileage shall be paid to the recipient of a subpoena in accordance with O.C.G.A. § 24-13-25.(e) Once issued, a subpoena may be quashed by the Court if it appears that 1. the subpoena is unreasonable or oppressive;2. the testimony, documents, or objects sought are irrelevant, immaterial, or cumulative;3. the subpoena is unnecessary to a party's preparation and presentation of its position at the hearing; or4. basic fairness dictates that the subpoena should not be enforced.(f) The Court may require the party issuing the subpoena to advance the reasonable cost of producing the documents or objects.(g) The Court shall have the power to enforce subpoenas through the imposition of civil penalties, pursuant to Rule 44.(h) Once issued and served, unless otherwise conditioned or quashed, a subpoena shall remain in effect until the close of the hearing or until the witness is excused, whichever comes first.(2)Notices to Produce. A party may serve a notice to produce in order to compel production of documents or objects in the possession, custody, or control of another party, in lieu of serving a subpoena under this Rule. (a) A notice to produce shall be: 2. signed by the party seeking production of documents or objects, or by the party's attorney or representative if the party is represented;3. directed to the opposing party or the opposing party's attorney;4. served on all parties; and(b) Service may be perfected in accordance with paragraph (1)(c) of this Rule, but no fees or mileage shall be allowed therefor.(c) Paragraph (1)(e) of this Rule shall apply to notices to produce.Ga. Comp. R. & Regs. R. 616-1-2-.19
O.C.G.A. §§ 50-13-13(a)(7), (b); 50-13-40(c); 50-13-41(a)(2) -(3).
Original Rule entitled "Hearings for the Department of Revenue" adopted as ER. 616-1-2-0.2-.19. F. Mar. 23, 1995; eff. Apr. 1, 1995, as specified by the Agency.Amended: Permanent Rule entitled "Subpoenas" adopted. F. June 30, 1995; eff. July 20, 1995.Amended: Rule retitled "Subpoenas and Notices to Produce". F. Feb. 27, 1997; eff. Mar. 19, 1997.Repealed: New Rule "Subpoenas; Notices to Produce" adopted. F. Nov. 15, 2010; eff. Dec. 5, 2010.Amended: F. Feb. 8, 2019; eff. Feb. 28, 2019.Amended: F. June 22, 2020; eff. July 12, 2020.