O.C.G.A.

O.C.G.A. § 24-13-96 (2019)

Exemption of witnesses from arrest and service of process

✓ 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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(a) If a person comes into this state in obedience to a summons directing him or her to attend and testify in this state, such person shall not, while in this state pursuant to such summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before such person’s entrance into this state under the summons.

(b) If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he or she shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before such person’s entrance into this state under the summons.

History

Code 1981, § 24-13-96, enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2023, p. 730, § 3(1)/HB 475, effective July 1, 2023. The 2023 amendment, effective July 1, 2023, part of an Act to revise, modern-

ize, and correct the Code, revised punctuation in subsection (a).

Annotations

Cross references. Exercise of personal jurisdiction over nonresidents generally, § 9-10-90 et seq.

RESEARCH REFERENCES Am. Jur. 2d. 5 Am. Jur. 2d, Arrest, § 85. 62B Am. Jur. 2d, Process, § 36 et seq. 81 Am. Jur. 2d, Witnesses, §§ 34, 35, 39. C.J.S. 72 C.J.S., Process, § 33 et seq. ALR. Immunity of nonresident litigant or wit-

ness from service of process as affected by transactions or activities unrelated to action, 162 A.L.R. 280. Privilege of party, witness, or attorney while going to, attending, or returning from court as extending to privilege from arrest for crime, 74 A.L.R.2d 592.