When any person is served with a subpoena for the production of evidence or a notice to produce, seeking books in his or her possession to be used as testimony on the trial of any cause, if the person makes oath that he or she cannot produce the books required without suffering a material injury in his or her business and also makes or causes to be made out a full transcript from the books of all the accounts and dealings with the opposite party, has the transcript examined and sworn to by an impartial witness, and produces the same in court, the witness shall be deemed to have complied with the notice to produce or subpoena for the production of evidence.
History. Code 1981, § 24-13-5 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.
Cross references.
Discovery of documents generally, § 9-11-34 .
Structure Georgia Code
Chapter 13 - Securing Attendance of Witnesses and Production and Preservation of Evidence
Article 1 - General Provisions
§ 24-13-1. Freedom of Witnesses From Arrest
§ 24-13-2. Procedure for Claiming Witness Fees
§ 24-13-3. Witness Fee Exceptions
§ 24-13-4. Penalty for Excessive Witness Fee Claim
§ 24-13-5. Production of Evidence When Item Not Available; Oath
§ 24-13-6. Procedure When Adverse Party Dissatisfied With Response Pursuant to Code Section 24-13-5