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Article Structure

Common mistakes

  1. Incomplete Information: Failing to fill in all required fields can lead to delays. Ensure that the names of the parties involved, case number, and court details are fully completed.

  2. Incorrect Dates: Providing an incorrect date for the court appearance can result in confusion. Double-check the date and time to ensure accuracy.

  3. Missing Signatures: The subpoena must be signed by the attorney of record. Omitting this signature can invalidate the document.

  4. Wrong Court Information: It is essential to specify the correct courthouse. Listing the wrong county or courthouse can lead to the witness not appearing at the correct location.

  5. Improper Delivery Method: Not indicating how the subpoena was served can create issues. Clearly state whether it was delivered in person or sent by mail.

  6. Failure to Notify Witness: It is important to inform the witness about the subpoena. Failing to do so may result in the witness not appearing in court.

  7. Ignoring Legal Penalties: Not understanding the potential consequences of misusing a subpoena can lead to serious legal repercussions. Be aware of the penalties outlined in the form.

  8. Inaccurate Case Information: Providing incorrect case names or numbers can complicate matters. Verify that all case details are accurate before submission.

  9. Omitting Contact Information: Not including the contact details for the Clerk of Court can hinder communication. Make sure to provide a phone number and address for inquiries.

Essential Points on This Form

What is a Georgia Witness Subpoena form?

The Georgia Witness Subpoena form is a legal document that compels an individual to appear in court as a witness. It outlines the details of the court case, including the names of the parties involved, the case number, and the date and time the witness must appear. This form is essential for ensuring that relevant testimony can be gathered during legal proceedings.

Who can issue a Georgia Witness Subpoena?

A Georgia Witness Subpoena can be issued by an attorney of record involved in a case. This attorney must complete the form before it is served to the witness. It’s important that the attorney follows the proper procedures to ensure the subpoena is valid and enforceable.

What happens if a witness fails to appear?

If a witness does not comply with the subpoena and fails to appear in court, they may face legal consequences. This could include being held in contempt of court, which can result in fines or even imprisonment. The law takes the appearance of witnesses seriously, as their testimony can be crucial to the outcome of a case.

Can a witness contest a subpoena?

Yes, a witness can contest a subpoena if they believe it is unreasonable or burdensome. They may file a motion to quash the subpoena with the court, explaining their reasons for contesting it. It’s advisable for witnesses to seek legal advice if they feel the subpoena is unjust or if they have concerns about appearing in court.

How can a witness verify the validity of a subpoena?

A witness can verify the validity of a subpoena by contacting the Clerk of Court's office. The Clerk can confirm whether the subpoena was issued for a legitimate case and provide any additional information regarding the court proceedings. This step can help alleviate any concerns a witness may have about the subpoena they received.

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Georgia Witness Subpoena Sample

WITNESS SUBPOENA

State of Georgia, ______________ County

TO: ___________________________________

___________________________________

___________________________________

You are hereby commanded, that laying all other business aside, you be and appear at the Superior Court before the presiding Judge in the State of Georgia, _______________________

County Courthouse, ____________________________________, GA to be held on

_______________ at __________am/pm in the _________room then and there to be sworn as a

witness for the ________________ in the case of ______________________________________

vs ________________________________________, Case Number __________________.

You are required to attend from day to day and from time to time until the matter is

disposed of.

HEREIN FAIL NOT, under the penalty of law by authority of the Honorable

____________________________________, Judge of said court this ____________________.

Any Questions Contact:

_______________________________,

________________________________

Clerk of Superior Court

________________________________

 

________________________________

 

________________________________

________________________________________

Phone No. ______________________

Subpoena Issued by Attorney of Record for _________________

RETURN OF SERVICE

I served the within witness _____________________________ with this subpoena on

______________________ at _______ am/pm by: ____ delivering to him/her in person, or by

____ registered or certified mail.

Served by: ________________________________

Name and Title

"Pursuant to OCGA 24-13-21(c-h), this subpoena form is being provided to the attorney of record and shall be completed prior to service upon the witness. If an individual misuses a subpoena, he or she shall be subject to punishment for contempt of court and shall be punished by a fine of not more than $300.00 or not more than 20 days imprisonment, or both. A witness may contact the Clerk of Court's office to verify this subpoena was issued for a valid case."

Key takeaways

Here are key takeaways regarding the Georgia Witness Subpoena form:

  • The form must be filled out completely before serving the witness.
  • Include the full name and address of the witness being subpoenaed.
  • Clearly state the date, time, and location where the witness must appear.
  • Indicate the specific case name and case number related to the subpoena.
  • Ensure the subpoena is signed by the attorney of record.
  • Service can be done in person or via registered/certified mail.
  • Failure to comply with the subpoena can result in legal penalties.
  • Witnesses have the right to verify the validity of the subpoena with the Clerk of Court.

Document Characteristics

Fact Name Details
Governing Law The Georgia Witness Subpoena form is governed by OCGA 24-13-21(c-h).
Purpose This form commands a witness to appear in court to provide testimony in a specific case.
Issuing Authority The subpoena is issued by the attorney of record for the party involved in the case.
Service Methods A witness can be served in person or via registered or certified mail.
Consequences of Misuse Misuse of a subpoena may result in contempt of court, with penalties including fines or imprisonment.
Verification Witnesses can contact the Clerk of Court's office to confirm the validity of the subpoena.