(a) Subpoenas may be issued which require the
attendance and testimony of witnesses and the production of objects or
documents at proceedings provided for by these Rules. The party on whose behalf
the subpoenas are issued shall be responsible for completing and serving the
subpoenas sufficiently in advance of the proceeding to secure the attendance of
a witness or the deposed testimony of the witness at the time of the
proceeding.
(b) Subpoenas shall be
in writing and filed at least five (5) days prior to the proceeding at which a
witness or document is sought, shall be served upon all parties, and shall
identify the witnesses whose testimony is sought or the documents or objects
sought to be produced. Every subpoena shall state the title of the
action.
(c) Subpoenas may be
obtained from the Office of State Administrative Hearings website or from the
Clerk. A subpoena may be served at any place within Georgia and by any sheriff,
by a sheriff's deputy, or by any other person not less than eighteen (18) years
of age.
(d) Proof of service may be
shown by certificate endorsed on a copy of the subpoena.
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. Service upon a party may be made by serving the party's
counsel of record. Once issued, a subpoena may be quashed by a Tribunal Judge
if it appears that the subpoena is unreasonable or oppressive, or that the
testimony, documents, or objects sought are irrelevant, immaterial, or
cumulative and unnecessary to a party's preparation and presentation of its
position at the proceeding, or that basic fairness dictates that the subpoena
should not be enforced. The Tribunal Judge may require the party issuing the
subpoena to advance the reasonable cost of producing the documents or
objects.
(e) Once issued
and served, unless otherwise conditioned or quashed, a subpoena shall remain in
effect until the close of the proceeding or until the witness is excused,
whichever comes first.
(f) 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. Service may be perfected in accordance with
these Rules.
(g) A notice to
produce shall be in writing and shall be signed by the party or by the party's
attorney seeking production of documents or objects. The notice shall be
directed to the opposing party or the opposing party's attorney. A copy of any
notice to produce shall be filed with the Clerk.
(h) Fees and mileage shall be paid to the
recipient of a subpoena in accordance with O.C.G.A.§§
24-13-25 and
24-13-28.
Notes
Ga. Comp. R. & Regs. R. 616-1-3-.22
O.C.G.A. §§
50-13A-13(d),(f).
Original Rule entitled
"Subpoenas; Notices to Produce" adopted. F. Mar. 4,
2015; eff. Mar. 24, 2015.