§ Sec. 24-10-41. Procedure when witness resides out of county

Codes > Georgia Code of Evidence > Title 24. > Chapter 10. : Article 2. > Part 2. : Sec. 24-10-41.

§ 24-10-41. Procedure when witness resides out of county

If the witness whose affidavit is desired resides out of the county in which the case is pending or falls within any of the classes for whom interrogatories must be taken in ordinary cases, the party desiring to use such witness's testimony in the cases referred to in Code Section 24-10-40 may prepare written questions to elicit the information he desires. On application, the clerk of the superior court of the county in which the witness resides shall issue a subpoena requiring the witness to attend before some officer of the county, named therein, authorized to administer oaths, on a day therein fixed, to answer the questions. The answers shall be reduced to writing and sworn to before the officer who shall forward or deliver the questions and answers to the clerk of the court where the case is pending, as in cases of interrogatories.