---
title: O.C.G.A. § 24-13-26. Enforcement of subpoenas; continuance; secondary evidence of books, papers, or documents.
collection: code
id: 24-13-26
cite_as: O.C.G.A. § 24-13-26 (2025)
canonical_url: https://georgiacommons.org/code/24-13-26
md_url: https://georgiacommons.org/code/24-13-26.md
text_url: https://georgiacommons.org/code/24-13-26/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t24-ch8-14-(v20a)-2023-pdf.pdf?sfvrsn=560fbfc0_0#page=506
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/24-13.md
previous: https://georgiacommons.org/code/24-13-25.md
next: https://georgiacommons.org/code/24-13-27.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: EVIDENCE / SECURING ATTENDANCE OF WITNESSES AND PRODUCTION AND PRESERVATION OF EVIDENCE / SUBPOENAS AND NOTICE TO PRODUCE
---

# O.C.G.A. § 24-13-26. Enforcement of subpoenas; continuance; secondary evidence of books, papers, or documents.

(a) Subpoenas may be enforced by attachment for contempt and by a fine of not more than $300.00 or not more than 20 days’ imprisonment, or both. In all proceedings under this Code section, the court shall consider whether under the circumstances of each proceeding the subpoena was served within a reasonable time, but in any event not less than 24 hours prior to the time that appearance thereunder was required.

(b) The court may also in appropriate proceedings grant continuance of the proceeding. Where subpoenas were issued in blank, no continuance shall be granted because of failure to respond thereto when the party obtaining such subpoenas fails to present to the clerk the name and address of the witness so subpoenaed at least six hours before appearance is required.

(c) When evidence is unsuccessfully sought, secondary evidence thereof shall be admissible.

## History

Code 1981, § 24-13-26, enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2012, p. 775, § 24/HB 942.