Under what condition can a subpoena be served by substituted service?

Substituted service for a subpoena in Georgia is permissible primarily under the condition that it is approved by the court. This means that if a process server cannot serve the subpoena to a witness directly, they must seek permission from the court to utilize an alternative method of service. The rationale behind this requirement is to ensure that the rights of the parties involved are protected and that there is proper authority for using a different approach to notify the witness.

In practice, this often involves demonstrating to the court that there have been reasonable efforts made to serve the subpoena directly without success. Once the court approves the request for substituted service, the process server can proceed with the method specified by the court, which could involve serving someone at the witness's residence or business or utilizing other methods deemed appropriate.

Understanding this legal framework emphasizes the importance of following established procedures and obtaining necessary approvals when direct service is not possible, reflecting the judicial system's emphasis on due process.