This form is a sample notice of defendant's intent to serve a subpoena upon a third-party.
Georgia Notice of Intent to Serve Subpoena on Nonparty - Personal Injury
State:
Multi-State
Control #:
US-PI-0314
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Notice Of Intent To Serve Subpoena On Nonparty - Personal Injury?
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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.
Rule 176.6 specifies that a subpoena may be quashed or modified if it ?fails to allow reasonable time for compliance,? ?requires a person to travel to a place that is more than 150 miles away,? or ?requires disclosure of privileged or other protected matter and no exception or waiver applies.?
(d) (1) Negligence or fault of a nonparty shall be considered if the plaintiff entered into a settlement agreement with the nonparty or if a defending party gives notice not later than 120 days prior to the date of trial that a nonparty was wholly or partially at fault.
Burden of Proof Generally, the party seeking to compel compliance with discovery requests, including a subpoena, bears the initial burden of demonstrating the relevance of the sought-after evidence. Counsel must also include in the motion to compel: The specific requests at issue.
Subpoenas for documents must identify the person, business or organization that has the documents and describe the documents to be produced. The subpoena must also say why the documents are necessary for the case. The person producing the documents should produce them at the hearing, on the first day of the hearing.
A court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.
4 Valid Reasons to Get Out of a Subpoena Avoidance. If you live within the court's area, somebody will eventually serve you a copy of the subpoena in person. ... Objection. If you are subpoenaed to provide documents or other materials, you may object in writing to the subpoena. ... Undue Burden. ... Privileged Information.
Requests for the Production of Documents are a discovery device used by a party to enable the individual to learn the facts that are the basis for, or support, a pleading with which he or she has been served by the opposing party.