Instructions/Information

The Clerk of Magistrate Court will assist a party who wishes to have a witness subpoenaed. The party must fill out one of the appropriate forms and return with the proper fee.

Forms

Request for Subpoena
Request for Subpoena (Out of County Witness)
Request for Subpoena Seeking Documents (Subpoena Duces Tecum)

Directions for Completing Forms

Complete Form in Full- Enter all information available (including telephone number if known).

Choose Method of Service- In the Service Preference section, please indicate how you wish the subpoena to be served. You may choose to serve the subpoena yourself or the Clerk can send the subpoena by Certified Mail at a cost to you of $6.00. You may also choose to have the Sheriff’s Office serve the subpoena at a cost to you of $10.00 per service.

O.C.G.A. § 24-10-23 provides for service of subpoenas as follows:

 A subpoena may be served by any sheriff, by his 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 counsel of record.

Costs of Subpoena- There will be a charge of $1.00 per subpoena in addition to any costs for service as listed above.

Requests for Documents- A Request for a Subpoena Seeking Documents (Subpoena Duces Tecum) must list specific documents.

Out of County Witnesses- If the request for subpoena is for an out of county witness, the witness would be entitled to receive a witness fee. Additional information regarding witness fees is required by the out of county witness form. If you wish the Clerk to send a subpoena to a witness out of the county, and the witness will not waive the witness fee, a postal money order or cashier’s check, payable to the witness must be provided at the time of the request.

O.C.G.A. § 24-10-24 sets out witness fees and mileage as follows:

The witness fees shall be $25.00 per diem, and execution shall be issued by the clerk upon
 affidavit of the witness to enforce payment thereof. The payment of 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, must be
 accompanied by tender of the fee for one day’s attendance plus mileage of 20¢ per mile for
 traveling expenses for going from and returning to his or her place of residence by the
 nearest practical route. Tender of 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
 form. When the subpoena is issued on behalf of the state, or an officer, agency, or political
 subdivision thereof, or a defendant in a criminal case, fees and mileage need not be
 tendered.