§ 9-11-45.Subpoena for taking depositions; objections; place of examination

Chapter 11. Civil Practice Act · Article 6. Trials · Last amended 1997 · Last verified July 17, 2026

In one sentenceThis section identifies who can issue a subpoena for a deposition — normally the clerk, or an attorney by agreement of the parties — sets a ten-day window to object to a document request in the subpoena, and fixes where a deponent can be required to appear: the county of residence, employment, or business, any county where served, or a place within 30 miles of the witness’s home county seat.

Full Text of § 9-11-45

Text sizeJump to: (a) (b)

(a)

(1)

(A) The clerk of the superior court of the county in which the action is pending or the clerk of any court of record in the county where the deposition is to be taken shall issue subpoenas for the persons sought to be deposed, upon request.

(B) Upon agreement of the parties, an attorney, as an officer of the court, may issue and sign a subpoena for the person sought to be deposed on behalf of a court in which the attorney is authorized to practice or a court for a venue in which a deposition is compelled by the subpoena, if the deposition pertains to an action pending in a court in which the attorney is authorized to practice.

(C) Subpoenas issued pursuant to this paragraph shall be issued and served in accordance with law governing issuance of subpoenas for attendance at court, except as to issuance by an attorney. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, or tangible things which constitute or contain matters within the scope of the examination permitted by subsection (b) of Code Section 9-11-26, but in that event the subpoena will be subject to subsection (c) of Code Section 9-11-26; or the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may quash or modify the subpoena if it is unreasonable and oppressive, or condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.

(2) The person to whom the subpoena is directed may, within ten days after the service thereof or on or before the time specified in the subpoena for compliance, if such time is less than ten days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may, if objection has been made, move, upon notice to the deponent, for an order at any time before or during the taking of the deposition, provided that nothing in this Code section shall be construed as requiring the issuance of a subpoena to compel a party to attend and give his deposition or produce documents at the taking of his deposition where a notice of deposition under Code Section 9-11-30 has been given or a request under Code Section 9-11-34 has been served, such notice or request to a party being enforceable by motion under Code Section 9-11-37.

(b) A person who is to give a deposition may be required to attend an examination:

(1) In the county wherein he resides or is employed or transacts his business in person;

(2) In any county in which he is served with a subpoena while therein; or

(3) At any place which is not more than 30 miles from the county seat of the county wherein the witness resides, is employed, or transacts his business in person.

End

Plain-English Summary

Subsection (a) puts issuance of deposition subpoenas primarily in the clerk’s hands — either the clerk of the superior court where the action is pending, or the clerk of any court of record in the county where the deposition will happen, issuing on request. The parties can shortcut that process by agreement, letting an attorney of record issue and sign the subpoena as an officer of the court — but only an attorney authorized to practice in the court on whose behalf the subpoena issues (or the court for the venue the subpoena compels a deposition in), and only where the deposition pertains to an action pending in a court where that attorney is authorized to practice. When the subpoena also demands documents, it draws on the discovery scope and limits in Code Section 9-11-26, and a court can quash or modify it on timely motion if it’s unreasonable and oppressive, or condition denial of that motion on the requesting party advancing the reasonable cost of producing what’s sought.

Paragraph (a)(2) gives the person served ten days after service — or less, if the subpoena sets an earlier compliance date — to serve written objection to inspecting or copying the designated materials. Once an objection is served, the party who issued the subpoena can’t inspect or copy anything covered by it without a court order, though that party may move for one at any time before or during the deposition. None of this makes a subpoena the only way to reach a party, either: nothing in this section requires a subpoena to compel a party's own attendance, deposition testimony, or document production once a notice of deposition under Code Section 9-11-30 or a request under Code Section 9-11-34 has gone out — that notice or request is itself enforceable by a motion under Code Section 9-11-37, without a separate subpoena. This section's subpoena machinery is aimed at non-parties.

Subsection (b) fixes geography. A deponent can be required to attend only in the county of residence, employment, or where the person transacts business in person; in any county where the person happens to be served with the subpoena; or at a location no more than 30 miles from the county seat of the county where the person resides, is employed, or transacts business.

Frequently Asked Questions

Who issues a subpoena for a deposition in Georgia?

Ordinarily the clerk of the superior court where the action is pending, or the clerk of any court of record in the county where the deposition will be taken, upon request. By agreement of the parties, an attorney of record may instead issue and sign it.

How long does a witness have to object to producing documents listed in a deposition subpoena?

Ten days after service, or less if the subpoena sets an earlier compliance date.

What happens once a witness objects to a document subpoena?

The party who served the subpoena can’t inspect or copy the materials without a court order, though that party may move for one at any time before or during the deposition.

Where can a witness be required to appear for a deposition?

In the county of residence, employment, or business; in any county where served with the subpoena; or at a place no more than 30 miles from the county seat where the witness resides, is employed, or transacts business.

Can a court limit an oppressive deposition subpoena?

Yes. On timely motion, the court may quash or modify it if unreasonable and oppressive, or condition denying the motion on the requesting party advancing the reasonable production cost.

Amendment History

Ga. L. 1967, p. 226, § 19; Ga. L. 1972, p. 510, § 11; Ga. L. 1997, p. 457, § 1.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission. Last verified July 17, 2026. · Official source

Also known as: deposition subpoena georgiawho issues subpoena for deposition georgiaobject to deposition subpoena georgiawhere can a deposition be taken georgia