(a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. Subpoenas shall be served and, upon application to the court specified in Code Section 9-9-27 by a party or the arbitrators, enforced in the same manner provided by law for the service and enforcement of subpoenas in a civil action.
§ 9-9-49.Subpoenas for witnesses and other evidence; compensation of witnesses
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 2012 · Last verified July 17, 2026
In one sentenceSection 9-9-49 gives arbitrators the power to issue subpoenas for witnesses and documents enforceable through the court named in Code Section 9-9-27, allows discovery tools like depositions and document requests under procedures the arbitrators set, guarantees each party access to the witness list and relevant documents, and ties witness pay to the rate set in Title 24.
Full Text of § 9-9-49
(b) Notices to produce books, writings, and other documents or tangible things, depositions, and other discovery may be used in the arbitration according to procedures established by the arbitrators.
(c) A party shall have the opportunity to obtain a list of witnesses and to examine and copy documents relevant to the arbitration.
(d) Witnesses shall be compensated in the same amount and manner set forth in Title 24.
Plain-English Summary
Arbitration doesn’t come with a court’s built-in compulsory process, so this section builds one in. Arbitrators can issue subpoenas to compel witnesses to attend and to force production of books, records, documents, and other evidence. Those subpoenas aren’t just paper — a party or the arbitrators can go to the court named in Code Section 9-9-27 to have them served and enforced the same way a subpoena works in an ordinary civil case.
Beyond subpoenas, the arbitrators can allow other familiar discovery tools — document production notices, depositions, and other discovery — but only according to procedures the arbitrators themselves establish. That keeps discovery from spiraling into full-blown litigation-style practice unless the tribunal wants it to.
The section also protects basic case-preparation rights: each party gets a list of witnesses and the chance to examine and copy documents relevant to the case. And witnesses who show up don’t go uncompensated — they’re paid the same amount, and in the same manner, that Title 24 sets for witnesses generally.
Frequently Asked Questions
Can arbitrators force a witness to testify or produce documents?
Yes — arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence.
How is an arbitration subpoena enforced if someone ignores it?
A party or the arbitrators can apply to the court specified in Code Section 9-9-27, and the subpoena is served and enforced the same way a subpoena is enforced in a civil action.
Can depositions be used in an international arbitration under Georgia law?
Yes — depositions and other discovery may be used in the arbitration, but only according to procedures the arbitrators establish.
Do the parties have a right to see who the other side plans to call as a witness?
Yes — each party has the opportunity to obtain a list of witnesses and to examine and copy documents relevant to the arbitration.
How much are witnesses paid for appearing in the arbitration?
Witnesses are compensated in the same amount and manner set forth in Title 24, the same standard that applies to witnesses generally.
Amendment History
Code 1981, § 9-9-49, enacted by Ga. L. 2012, p. 961, § 1/SB 383.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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