The law system and court structure in the US are split between the federal and state systems. That means some cases considered crimes in one state are treated differently in another, depending on the state laws. At the same time, federal law applies to each US citizen. The Uniform Interstate Discovery and Depositions Act (UIDDA) streamlines legal procedures across various US states to deliver justice equally.
The UIDDA uniforms and standardizes the subpoena-issuing processes across the states. It helps the state courts overcome inconsistencies caused by local laws. In this article, we’ll analyze Georgia to learn about out-of-state subpoena processing.
Determine Applicability
Before taking any step, you must verify that both states where the subpoena is issued, in this case, Georgia and another state, have adopted the UIDDA. As Georgia has already enacted this law, you can start the process as long as the other state has adopted it as well. Considering most states have passed the UIDDA, you’ll only need to be prepared for a lengthy and complicated subpoena deposition process with a few states like Texas and Massachusetts.
Submit a Foreign Subpoena First
To domesticate a subpoena in Georgia, you must first send the original out-of-the-state subpoena to a court clerk. Once they receive it, they’ll issue a new one, according to the UIDDA, matching the Georgia law system. The new subpoena is equal to the original one but complies with Georgia’s legal framework regarding deposition, document presentation, and premises inspection.
Issuance and Service of the Subpoena
Georgia laws require the newly issued subpoena to contain all the terms of the original foreign subpoena and be served according to Georgia’s court service rules. However, it is usually personally delivered to the person or organization representative following Georgia’s Code of Subpoena Service.
Objection and Compliance
The recipient has the right to object to the subpoena and file a written objection within 10 days of receiving it or before the time specified in the subpoena for compliance. UIDDA guarantees that the recipient has the same rights and protections that apply to Georgia laws and domesticated subpoenas.
What to Expect When Domesticating a Foreign Subpoena in GA
The foreign subpoena received in Georgia adapts to the state law if the sender is from a state that has adopted the UIDDA standardized process. It’s often an invitation to appear in a Georgian or foreign court to testify as a witness at a specific time and date. Sometimes, it contains documents and evidence related to the case.
UIDDA also guarantees that the two main subpoena types are implemented during domestication, including:
- Subpoena Ad Testificandum: Ordering a person to appear in court to testify about a case.
- Subpoena Duces Tecum: Ordering a person to submit documents and evidence regarding the case.
Additionally, you must show compliance with a subpoena, and testifying cannot be evaded on any grounds. Feel free to consult with an attorney if you receive one to better understand your rights.
Do You Need Help With UIDDA Subpoenas in GA?
When dealing with legal procedures in the US, you always need to have professionals like Serve Index LLC by your side. We are a reliable process server in NYC that will help you better understand subpoena domestication in GA under the UIDDA conditions and practices. Feel free to contact us regarding the out-of-state subpoena you received so we can handle the case professionally.
