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The Magistrate Court of DeKalb County, Georgia

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  556 N. McDonough Street, DeKalb County Courthouse
Decatur, GA 30030-3356
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DeKalb County Magistrate Court Civil Issues

Civil Matters

How do I issue a subpoena to require the attendance of witnesses or to get certain documents to the Court?

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A witness subpoena has to be served at least twenty four (24) hours before the hearing. There is a different subpoena for documents or things known as a "subpoena duces tecum." It should be served on the custodian of the document being subpoenaed. The clerk's office handling your case issues subpoenas. See generally O.C.G.A. 24-10-20, O.C.G.A. 24-10-21, The Georgia General Assembly Website and O.C.G.A. 24-10-21.

There are four ways to serve a subpoena:
  1. Any person over the age of 18 years old may personally "hand" deliver (or "serve") a subpoena to a witness or party to the lawsuit.
  2. The party can complete the subpoena and a Marshal's Entry of Service form and pay $35 to have the Marshal serve the subpoena. This payment should be in cash, cashier's check or money order. It may take a substantial time to locate and serve the witness, so be sure there is adequate time for that to be done.
  3. Subpoenas may also be served by registered or certified mail or statutory overnight delivery, and the return receipt shall constitute prima-facie proof of service.
  4. If the party is represented by an attorney, then you may serve the subpoena on the party's counsel of record in any of the three previously listed ways.

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The Magistrate Court of DeKalb County, Georgia | 556 N. McDonough Street, Suite 270, DeKalb County Courthouse, Decatur, GA 30030-3356 | Phone: 404-371-2261
The Diversion Treatment Court of DeKalb County | 556 N. McDonough St. Room 1200D, DeKalb County Courthouse, DeKalb County Courthouse, Decatur, GA 30030 | Phone: 404-371-2241

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