Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-4 - COMMISSIONER OF SECURITIES › Subject 590-4-6 - RULES GOVERNING ADMINISTRATIVE HEARINGS › Rule 590-4-6-.17 - Subpoenas and Notices to Produce

Current through Rules and Regulations filed through June 27, 2024
(1) The Hearing Officer shall have the
				authority to issue subpoenas requiring the attendance and testimony of
				witnesses and the production of objects or documents at depositions or hearings
				provided by these Rules and the Act.
(2) Requests for subpoenas shall be in
				writing and filed at least five (5) days prior to the hearing or deposition at
				which the attendance of the witness or the production of documents is sought,
				shall be served upon all parties, and shall identify the witnesses whose
				testimony is sought or the documents or objects sought to be produced. Every
				subpoena shall be issued by the Hearing Officer under the seal of the agency
				for which the Hearing Officer working and shall state the title of the action.
				The party requesting the subpoenas shall be responsible for filling in the
				subpoenas in a manner consistent with the request for subpoenas and serving the
				same sufficiently in advance of the hearing to secure the attendance of the
				witness or the availability of the witness's testimony on deposition at the
				time of the hearing.
(3) Any party
				that is not represented by counsel may be relieved by the Hearing Officer of
				the requirements of paragraph (2) above other than the service requirements. At
				the discretion of the Hearing Officer, such a party may obtain subpoenas by
				orally providing the Clerk with the names of the persons desired to be
				subpoenaed and a description of the testimony or documents or objects sought.
				If such a request for subpoenas is made orally and approved by the Hearing
				Officer, the Clerk shall reduce the request to writing and shall have a copy of
				the request served upon all other parties.
(4) A subpoena may be served at any place
				within this State and by any sheriff, by his deputy, or by any other person not
				less than 18 years of age. Proof of service may be shown by return or
				certificate endorsed on a copy of the subpoena. Subpoenas may also be served by
				registered or certified mail, and the return receipt shall constitute
				prima-facie proof of service. Service upon a party may be made by serving his,
				her, or its counsel of record. Fees and mileage shall be paid to the recipient
				of a subpoena in accordance with Code Section 24-10-24.
(5) Once issued, a subpoena may be quashed by
				the Hearing Officer if it appears that the subpoena is unreasonable or
				oppressive, or that the testimony, documents, or objects sought are irrelevant,
				immaterial, or cumulative and unnecessary to a party's preparation and
				presentation of his, her, or its position at the hearing, or that, for other
				good reasons, basic fairness dictates that the subpoena should not be enforced.
				The Hearing Officer may also condition denial of a motion to quash a subpoena
				upon the advancement by the person in whose behalf the subpoena is issued of
				the reasonable cost of producing the documents or objects.
(6) Once issued and served, unless otherwise
				conditioned or quashed, a subpoena shall remain in effect until the close of
				the hearing or until the witness is excused, whichever comes first.
(7) Where a party desires to compel
				production of documents or objects in the possession, custody, or control of
				another party, in lieu of serving a subpoena under this Rule, the party
				desiring the production may serve a notice to produce upon the other party.
				Service may be perfected in accordance with paragraph (4) above, but no fees or
				mileage shall be allowed therefor. Paragraphs (5) and (6) above shall also
				apply to such notices. The notice shall be in writing, signed by the party
				seeking production of the evidence, or his, her, or its attorney, and shall be
				directed to the opposite party or his, her, or its attorney. A copy of any
				notice to produce shall be filed simultaneously with the Clerk.
O.C.G.A. Secs.
				  10-5-10,   10-5-16,   10-5-70,   10-5-71,   10-5-73,   10-5-74,   50-13-13.