GEORGIA CODE (Last Updated: August 20, 2013) |
Title 24. EVIDENCE |
Chapter 13. SECURING ATTENDANCE OF WITNESSES AND PRODUCTION AND PRESERVATION OF EVIDENCE |
Article 2. SUBPOENAS AND NOTICE TO PRODUCE |
Section 24-13-26. Enforcement of subpoenas; continuance; secondary evidence of books, papers, or documents
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- (a) Subpoenas may be enforced by attachment for contempt and by a fine of not more than $300.00 or not more than 20 days' imprisonment, or both. In all proceedings under this Code section, the court shall consider whether under the circumstances of each proceeding the subpoena was served within a reasonable time, but in any event not less than 24 hours prior to the time that appearance thereunder was required.
(b) The court may also in appropriate proceedings grant continuance of the proceeding. Where subpoenas were issued in blank, no continuance shall be granted because of failure to respond thereto when the party obtaining such subpoenas fails to present to the clerk the name and address of the witness so subpoenaed at least six hours before appearance is required.
(c) When evidence is unsuccessfully sought, secondary evidence thereof shall be admissible.
Code 1981, § 24-13-26, enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2012, p. 775, § 24/HB 942.