In a civil case, when is an out-of-state witness required to appear in Georgia?

Study for the Georgia Certified Process Server Exam. Prepare with interactive flashcards and multiple-choice questions, each question includes hints and detailed explanations. Ace your exam with confidence!

An out-of-state witness is required to appear in Georgia when they receive a valid subpoena. A subpoena is a legal document that orders an individual to attend a court proceeding or produce evidence. In civil cases, the issuing of a subpoena is essential to ensure that witnesses can be summoned from outside the state to provide their testimony, which may be critical to the case at hand.

This process is governed by both state and federal rules of civil procedure, which include provisions for out-of-state witnesses. A valid subpoena typically includes sufficient notice and is served according to the jurisdiction's laws. This means that regardless of where the witness resides, as long as the subpoena is validly issued and delivered, their appearance in a Georgia court becomes a legal obligation. Thus, having a compelling reason, residing in Georgia, or being related to a party do not constitute valid grounds for compelling an out-of-state witness's appearance in court; the formal mechanism of a subpoena is what establishes that requirement.

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