_____________________________________ _____________________________________ Plaintiff(s) v. GWINNETT MAGISTRATE COURT STATE OF GEORGIA AFFIDAVIT OF SERVICE OF SUBPOENA CIVIL ACTION FILE NO: ___________________________ _____________________________________ _____________________________________ Defendant(s) INFO & FORMS ON THE INTERNET www.gwinnettcourts.com AFFIDAVIT OF SERVICE OF SUBPOENA TO BE FILED WITH CLERK I hereby declare under penalty of perjury that the information contained in this Affidavit is true and correct and that I served the original subpoena, a true and correct copy of which is hereto attached as Exhibit A, as follows: [] [] upon this person:____________________________________________________________________. upon this corporation _________________________________________________________________ by serving the subpoena upon the following individual who is [ ] the managing officer [ ] registered agent for the corporation, ______________________________________________________________________________. Date Served: _________________________________ Time Served: __________________________ Location where served: ______________________________________________________________________. Fees & Mileage Tendered to Witness: [ ] Not applicable [ ] Yes Amount paid: $___________________________________________ Manner payment: [ ] Cash [ ] Money Order [ ] Cashier=s check O.C.G.A 24-13-25. ...The witness fee shall be $25.00 per diem, and execution shall be issued by the clerk upon affidavit of the witness to enforce payment thereof. The payment of fees shall not be demanded as a condition precedent to attendance; but, when a witness resides outside the county where the testimony is to be given, service of the subpoena, to be valid, must be accompanied by tender of the fee for one day's attendance plus mileage of .45 per mile for traveling expenses for going from and returning to his place of residence by the nearest practical route. Tender of fees and mileage may be made by United States currency, postal money order, cashier's check, certified check or the check of an attorney or law firm. When the subpoena is issued on behalf of the state, or an officer, agency, or political subdivision thereof, or an accused in a criminal proceeding, witness fees and mileage need not be tendered. 24-13-26(a) Subpoenas may be enforced by attachment for contempt and by a fine not exceeding $300.00 or not more than 20 day 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 cases 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 them 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. Sworn and Subscribed before me this ___________ day_________________, 20_____. ________________________________________ Notary of Public, Clerk or Magistrate My Commission expires: ________________________________________________________ (Signature of person serving subpoena) Print, Name & Address: ________________________________________________________ ________________________________________________________ Q:\ Magforms\MAG 11-19 Affidavit of Service of Subpoena (Nov 2015) American LegalNet, Inc. www.FormsWorkFlow.com