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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My wife filed in Georgia last year where the marital

Customer Question

My wife filed for divorce in Georgia last year where the marital residence is. I was forced to leave my house due to a frivolous ex-parte order. I now live in Florida and I am a Florida resident. Her attorney is wanting to depose me for deposition. Can her Georgia licensed attorney do this now that I live in Florida since her attorney is not licensed to practice in Florida? The case is a GA civil matter - divorce.
Submitted: 9 months ago.
Category: Family Law
Expert:  Samuel II replied 9 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Yes. The GA attorney may request your presence at a Deposition via a Subpoena.

Out-of-state subpoenas must be issued from the county in which the witness resides.

The subpoena can only be issued by the clerk of the superior court of the county in which the person receiving the subpoena “resides.” O.C.G.A. § 24-13-112(a) (UIDDA); O.C.G.A. § 24-13-113(b) (UFDA).

So the GA attorney needs to contact the Clerk of the Court in your Florida County and request the Subpoena for Deposition. A Florida process serve will need to serve you.

Now, the GA attorney would be responsible for any of your travel expenses if the Deposition is to be held out of state. If it is in Florida and more than 30 miles from your residence, the GA attorney is also then responsible for your travel expenses.

Keep in mind, that this is under the UFDA process. GA cannot use the UIDDA process because Florida has not yet adopted in to the UIDDA process.