Discovery Subpoenas: Enforcing (GA)

Summary

This practice note discusses how to enforce a subpoena or respond to an objection to a subpoena in civil litigation in Georgia courts. It addresses how to respond when a nonparty objects to a subpoena or moves to quash, to modify, or for a protective order. It also describes steps to take when a nonparty fails to comply with a subpoena, including how to move to compel compliance under O.C.G.A. § 24-13-26. Finally, it covers motions under O.C.G.A. § 24-13-26 and O.C.G.A. § 9-11-37(b) for contempt and sanctions when a nonparty fails to honor an order to comply with a discovery subpoena. This practice note assumes that you represent the party that served and seeks to enforce the subpoena.