Where a party desires to compel production of evidence in the possession, custody, or control of another party, in lieu of serving a subpoena under this article, the party desiring the production may serve a notice to produce upon counsel for the other party. Service may be perfected in accordance with Code Section 24-13-24, but no witness fees or mileage shall be allowed therefor. Such notices may be enforced in the manner prescribed by Code Section 24-13-26, and Code Section 24-13-23 shall also apply to such notices. The notice shall be in writing, signed by the party seeking production of the evidence, or the party’s attorney, and shall be directed to the opposite party or his or her attorney.
History. Code 1981, § 24-13-27 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.
Cross references.
Discovery of documentary and tangible evidence generally, § 9-11-34 .
Law reviews.
For article discussing available means of discovery for criminal cases in Georgia, see 12 Ga. St. B.J. 134 (1976).
For note, “Criminal Discovery: The Use of Notices to Produce,” see 30 Mercer L. Rev. 331 (1978).
Structure Georgia Code
Chapter 13 - Securing Attendance of Witnesses and Production and Preservation of Evidence
Article 2 - Subpoenas and Notice to Produce
§ 24-13-21. Subpoena for Attendance of Witnesses — Form; Issuance; Subpoena in Blank
§ 24-13-22. Subpoena for Attendance of Witnesses — Attendance at Hearing or Trial; Where Served
§ 24-13-23. Subpoena for Production of Documentary Evidence; Motion to Quash or Modify
§ 24-13-24. Service of Subpoenas
§ 24-13-25. Fees and Mileage; When Tender Required
§ 24-13-26. Enforcement of Subpoenas; Continuance; Secondary Evidence of Books, Papers, or Documents