A Witness Subpoena is a court summons that legally requires a person to appear in court to give evidence or testimony. A Subpoena for Production of Evidence is a court summons ordering a recipient or a business representative to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
There shall be a $5 charge per subpoena, except as is provided in the Official Code of Georgia (O.C.G.A.) Section 15-10-82. A party may also choose to have the Sheriff's Office serve the subpoena for them at an additional cost of $10 per subpoena, except as is provided in O.C.G.A. 15-10-82.
Service of a Subpoena
O.C.G.A. Section 24-13-24 provides for service of subpoenas as follows:
A subpoena may be served by any sheriff, by his or her deputy, or by any other person not less than 18 years of age. Proof may be shown by return or 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 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.
Costs for Subpoenaing an Out of County Witness
There are additional costs for servicing a witness subpoena on a witness that resides outside of Liberty County.
O.C.G.A. Section 24-13-25 sets out witness fees and mileage as follows:
…the witness fee shall be $25 per diem, and execution shall be issued by the clerk upon affidavit of the witness to enforce payment thereof. The payment of witness fees shall not be demanded as a condition precedent to attendance; but, when a witness resides outside the county where the testimony is to be given, service of the subpoena, to be valid, shall be accompanied by tender of the witness fee for one day's attendance plus mileage of 45 cent(s) per mile for traveling expenses for going from and returning to his or her place of residence by the nearest practical route. Tender of witness fees and mileage may be made by United States currency, postal money order, cashier's check, certified check, or the check of an attorney or law firm. When the subpoena is issued on behalf of the state, or an officer, agency, or political subdivision thereof, or an accused in a criminal proceeding, witness fees and mileage need not be tendered.
Responsibility for Payment of Witness Fee
In reference to subpoenas for witnesses within the county; unless a witness is willing to waive the witness fee, you will be responsible for paying the fee upon their demand for compensation for appearing in court.
How to Obtain a Subpoena in Blank
A subpoena in blank can be obtained in the "Forms" section on this page, in the Magistrate Court office , or in the Clerk of Courts office.
|Subpoenas for Magistrate Court Criminal Cases must be obtained and filed at:|
Liberty County Magistrate Court
201 South Main Street, Suite 2100
Justice Center Building, Second Floor
Hinesville, GA 31313
|Subpoenas for Magistrate Court Civil Cases must be obtained and filed at:|
Liberty County Clerk of Courts
201 South Main Street, Suite 1200
Justice Center Building, First Floor
Hinesville, GA 31313
What Makes a Subpoena Valid
For a subpoena to be considered valid a person must first pay the subpoena fee to the Liberty County Magistrate Court office in Suite 2100, a Magistrate Court Clerks signature and our Courts raised seal must be on the subpoena, and there must have a pending case in the Liberty County Magistrate Court.
To access forms for Witness Subpoenas and Subpoenas for Production of Evidence, please access the following links:
Please refer to the Guidelines for Clerks (PDF) for understanding of what a clerk may or may not do to assist a party.
The information and forms available on this website are not intended as legal advice and should not be considered as such; they are provided for reference only. Consult an attorney for legal advice.