Georgia Notice to Take Deposition Subpoena Duces Tecum

State:
Multi-State
Control #:
US-PI-0041
Format:
Word; 
Rich Text
Instant download

Description

This form is used by the defendant to provide a party with notice of deposition pursuant to a subpoena duces tecum.
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FAQ

Service upon a party may be made by serving his or her counsel of record. A subpoena must be personally served on the witness or business at least 24 hours before the scheduled court hearing.

Service upon a party may be made by serving his or her counsel of record. A subpoena must be personally served on the witness or business at least 24 hours before the scheduled court hearing.

Ii. A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.

(Rule 30(b)(2).) In other words, if you wish to compel the party deponent to bring documents, the deposition cannot be noticed to occur for at least 30 days. The Northern District local rules require conferring with opposing counsel before sending out a notice of a party.

Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons and complaint upon any defendant or service made under subsection (f) of Code Section 9-11-4, except that leave is not required if a defendant ...

Duration Unless otherwise authorized by the court or stipulated by the parties, a deposition is limited to one day of seven hours. The court must allow additional time if needed for a fair examination of the deponent or if the deponent or another person or other circumstance impedes or delays the examination.

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.

If a person refuses to participate in a deposition, they can be compelled through the use of a subpoena.

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Georgia Notice to Take Deposition Subpoena Duces Tecum