Georgia § 52-6-40 Failure of witness to answer subpoena

Georgia Statutes

§ 52-6-40 — Failure of witness to answer subpoena

Georgia § 52-6-40

Title52

This text of Georgia § 52-6-40 (Failure of witness to answer subpoena) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 52-6-40 (2026).

Text

Any witness summoned pursuant to Code Section 52-6-39 , whose testimony shall appear to be material and who shall fail to appear, may be attached by the commissioners. The attachment may be directed to a sheriff or constable and made returnable to the next superior court of the county; and the court may fine the witnesses in a sum not exceeding $100.00, unless a good excuse is made to the judge of the court. The witness shall also be liable to action at the action of the party injured by the nonattendance.

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Any witness summoned pursuant to Code Section 52-6-39 , whose testimony shall appear to be material and who shall fail to appear, may be attached by the commissioners. The attachment may be directed to a sheriff or constable and made returnable to the next superior court of the county; and the court may fine the witnesses in a sum not exceeding $100.00, unless a good excuse is made to the judge of the court. The witness shall also be liable to action at the action of the party injured by the nonattendance.