Georgia § 52-6-40 - Failure of witness to answer subpoena.
Full text of Georgia Official Code of Georgia Annotated § 52-6-40 — Failure of witness to answer subpoena., with citation guidance and answers to common questions.
§ 52-6-40. Failure of witness to answer subpoena.
Any witness summoned pursuant to Code Section 52-6-39, whose testimony shall appear to be material and who shall fail to appear, may be attached by the commissioners. The attachment may be directed to a sheriff or constable and made returnable to the next superior court of the county; and the court may fine the witnesses in a sum not exceeding $100.00, unless a good excuse is made to the judge of the court. The witness shall also be liable to action at the action of the party injured by the nonattendance. (Laws 1832, Cobb's 1851 Digest, p. 45; Code 1863, § 1477; Code 1868, § 1534; Code 1873, § 1528; Code 1882, § 1528; Civil Code 1895, § 1676; Civil Code 1910, § 1922; Code 1933, § 80-202; Ga. L. 1945, p. 279, § 17.)
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 52-6-40
What does Official Code of Georgia Annotated § 52-6-40 cover?
Section 52-6-40 ("Failure of witness to answer subpoena.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 52-6-40?
A common citation format is "Official Code of Georgia Annotated § 52-6-40" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 52-6-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.