O.C.G.A.

O.C.G.A. § 24-13-5 (2019)

Production of evidence when item not available; oath

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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When any person is served with a subpoena for the production of evidence or a notice to produce, seeking books in his or her possession to be used as testimony on the trial of any cause, if the person makes oath that he or she cannot produce the books required without suffering a material injury in his or her business and also makes or causes to be made out a full transcript from the books of all the accounts and dealings with the opposite party, has the transcript examined and sworn to by an impartial witness, and produces the same in court, the witness shall be deemed to have complied with the notice to produce or subpoena for the production of evidence.

History

Code 1981, § 24-13-5, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Annotations

Cross references. Discovery of documents generally, § 911-34.

RESEARCH REFERENCES C.J.S. 32A C.J.S., Evidence, § 1020.