Formerly the Uniform Foreign Deposition Act, O.C.G.A.§24-10-110 has been amended and is now the Uniform Interstate Depositions and Discovery Act. The amendments are effective July 1, 2011 and the changes are substantial. This is a must read. Until now, foreign subpoenas were domesticated in the county in which the deposition was to be taken (just like Georgia subpoenas). Beginning July 1, the domestication must take place in the superior court of the county in which the person receiving the subpoena resides. This can raise serious problems. Requests by out-of-state clients for the domestication of a foreign subpoena and subsequent service thereof, often have incorrect addresses for the person being served. Thus, if after the issuance of the subpoena it is learned that the subject resides in a different county, it would appear that the issued subpoena would be void. Additionally, subpoenas directed to business entities also raise problems. Is the subpoena to be issued out of the superior court of the county in which the business is located, or where the registered agent is located, or where an officer or records custodian is located? There is no change to the issuance of Georgia subpoenas pursuant to O.C.G.A.§ 24-10-21. Be ready to raise these issues with your clients.
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Jun 29, 2011