When can an out-of-state witness in Georgia be served civil process?

The correct answer is that an out-of-state witness in Georgia can be served civil process after the hearing he is present to attend. This is grounded in the principle that service of process is typically intended to ensure that the witness has been properly notified of the legal proceedings.

In many jurisdictions, including Georgia, there are specific rules regarding the timing of serving process to ensure that witnesses are not unfairly surprised by the legal proceedings. Generally, individuals who are called as witnesses must be served in advance of the hearing to have ample time to prepare. However, if an out-of-state witness has traveled to Georgia specifically to attend a hearing, serving them after the hearing provides a practical approach that recognizes their current presence within the jurisdiction.

Such service allows the party to provide for potential future testimony or proceedings without unnecessarily burdening the witness before they have the chance to fulfill their initial obligation to attend the hearing. This rationale underscores why the timing of service to out-of-state witnesses reflects both legal procedure and practical considerations.