Dekalb county smart search5/1/2023 ![]() ![]() ![]() The party can complete the subpoena and a Marshal’s Entry of Service form and pay $35 to have the Marshal serve the subpoena.Any person over the age of 18 years old may personally “hand” deliver (or “serve”) a subpoena to a witness or party to the lawsuit.24-10-21, The Georgia General Assembly Website and O.C.G.A. The clerk’s office handling your case issues subpoenas. There is a different subpoena for documents or things known as a “subpoena duces tecum.” It should be served on the custodian of the document being subpoenaed. a case in which the defendant has been served but has not filed an answer, then the plaintiff can request the reset seven days prior to the court date as long as the request and the $10 reset fee are received by the Court seven (7) days prior to the court hearing.Ī witness subpoena has to be served at least twenty four (24) hours before the hearing. In some circumstances, the requesting party may have to appear in open court to request the reset. If one of the parties is seeking a continuance less than seven days prior to the court date, then it is the requesting litigant’s responsibility to contact the opposing party(s) to seek mutual agreement to the reset however, if the opposing party(s) objects then the requesting party can submit a written request to the court. In matters where the defendant has filed a timely answer, both the plaintiff and the defendant can request a reset without contacting the opposing parties as long as the Court receives the request to reset and the $10 reset fee at least seven (7) days prior to the court date. In any of these situations, if service has been attempted, then your service fee will not be transferred. However, you will have to pay a transfer fee and may have to pay additional fees for service in those courts. Your case file and the filing fee you have already paid will be transferred by the DeKalb Clerk of the Court to the Clerk of the Court for the new county. There is a fee to transfer a case from Magistrate Court to State Court or Superior Court, no matter the county. However, because each county has different fees, you may have to pay additional fees to the other county. Your case file and the filing fee you have already paid will be transferred by the DeKalb Clerk of the Court to the Clerk of the other county. There is no additional fee to transfer the case to a Magistrate Court in another county. ![]() If the case needs to be filed in another Georgia court, you can ask the Judge to transfer the case to that Court. For instance, a case can be transferred when a defendant cannot be found for service in DeKalb County and lives in another county. However, there are other remedies available to you. If you file a case in a Magistrate Court that does not have jurisdiction or where the venue is improper, the Court will not refund the fees you paid to file the case. You are responsible for deciding where to file suit. If the suit will name more than one defendant, you can file your case in any county in which venue would be proper for at least one of the defendants, if they are jointly and severally liable. ![]() The name and address of a registered agent can be verified by checking online at the Secretary of State website at.
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