Rule 60-2-1-.21 - Subpoena of Witnesses(1) Any party to an arbitration may request that the arbitrator(s) issue a subpoena to compel the attendance of, or compel production of documents by, a witness. The requesting party shall make such request in writing and shall state, at a minimum, the following: (a) The name of the requesting party;(b) The name, street address and mailing address of the witness;(c) The purpose for which the testimony of the witness or production of documents is sought;(d) The address at which the subpoena shall be served;(e) The date, time and place of the hearing; and,(f) A detailed description of any documents to be provided by the witness at the hearing.(2) The subpoena shall be approved by the arbitrator(s) if it can be issued sufficiently in advance of the scheduled hearing to allow service at least five (5) days before the hearing.(3) The party requesting the subpoena shall be responsible for service and for providing proof of service to the arbitrator(s). Service may be made by certified mail to the witness, return receipt requested, or by personal delivery to the witness by any person authorized by law to serve process or by any person who is not a party to the case and who is at least eighteen (18) years of age. Proof of service shall be evidenced by the signature of the witness or by affidavit of the person making service that the witness was served.(4) The party requesting the subpoena shall be required to pay the cost of service. If the subpoena seeks the attendance of a witness who resides outside the county where the hearing will be held, service of the subpoena must be accompanied by the tender of a fee computed in the same manner as prescribed by law in civil cases in superior court. The fee shall be paid by check to the witness.Ga. Comp. R. & Regs. R. 60-2-1-.21
O.C.G.A. §§ 10-1-786, 10-1-795, 24-10-24.
Original Rule entitled "Subpoena of Witnesses" adopted. F. May 16, 2016; eff. June 5, 2016.