(a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. These subpoenas shall be served and, upon application to the court 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.
§ 9-9-9.Power of subpoena; enforcement; use of discovery; opportunity to examine documents; compensation of witnesses
Chapter 9. Arbitration · Article 1. General Provisions · Last amended 1988 · Last verified July 17, 2026
In one sentenceArbitrators may subpoena witnesses and documents, enforceable in court the same way civil subpoenas are, the parties may use discovery tools like document requests and depositions under procedures the arbitrators set, each side may obtain a witness list and examine relevant documents, and witnesses are paid the same as witnesses in superior court.
Full Text of § 9-9-9
(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 as witnesses in the superior courts.
Plain-English Summary
Arbitration does not have to mean giving up the tools lawyers use to build a case in court. This section extends several of them into the arbitration setting. Arbitrators can issue subpoenas compelling witnesses to appear or requiring the production of books, records, and other evidence, and if someone ignores a subpoena, a party or the arbitrators can go to court to have it enforced the same way a civil-case subpoena would be.
Discovery is available too, though on the arbitrators’ terms rather than the court’s. Document requests, depositions, and other discovery devices can be used in the arbitration, but the arbitrators establish the procedures that govern how and when. Separately, subsection (c) guarantees each party a baseline of information regardless of what discovery procedures the arbitrators adopt: the chance to get a list of witnesses and to examine and copy documents relevant to the dispute.
Finally, subsection (d) puts witnesses on the same footing as they would have in a superior court case — they are compensated in the same amount and the same manner, so a witness has no financial disincentive to appear for an arbitration compared with a lawsuit.
Frequently Asked Questions
Can arbitrators issue subpoenas to compel witnesses to testify?
Yes. Arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence.
What happens if someone refuses to comply with an arbitration subpoena?
A party or the arbitrators can apply to the court, which enforces it the same way it would enforce a subpoena in a civil action.
Who decides the discovery procedures used in a Georgia arbitration?
The arbitrators establish the procedures under which discovery devices like document requests and depositions may be used.
Is a party entitled to a list of witnesses before the arbitration hearing?
Yes. Subsection (c) gives each party the opportunity to obtain a witness list and to examine and copy relevant documents.
How much are witnesses paid for appearing at an arbitration?
The same amount and in the same manner as witnesses appearing in the superior courts.
Amendment History
Code 1933, § 7-310, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, § 9-9-89; Code 1981, § 9-9-9, as redesignated by Ga. L. 1988, p. 903, § 1.
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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