Probably both .. the parties/attorneys fill in the pre-signed form, then the judge’s Clerk puts the embossed stamp on the doc. I’m assuming this has to do with O getting on the GA ballot? One error: it shows January 16-18 dates, but year’s not filled in. That would usually catch a clerk’s eye. Also, not sure if a state administrative law judge can compel attendance of a party not in the state. He may not have jurisdiction over Fuddy, probably doesn’t. But he could have jurisdiction over the OFA offices in GA, some designee.
Looks like it’s not much of a subpoena.
From http://www.osah.state.ga.us/documents/procedures/administrative-rules-osah.pdf:
“616-1-2-.19 Subpoenas; Notices to Produce. Amended.
(1) Subpoenas may be issued which require the attendance and testimony of witnesses and the
production of objects or documents at depositions or hearings provided for by these Rules. The
party on whose behalf the subpoenas are issued shall be responsible for completing and serving
the subpoenas sufficiently in advance of the hearing to secure the attendance of a witness or the
deposed testimony of the witness at the time of the hearing.
(2) Subpoenas shall be in writing and filed at least five (5) days prior to the hearing or
deposition at which a witness or document is sought, shall be served upon all parties, and shall
identify the witnesses whose testimony is sought or the documents or objects sought to be
produced. Every subpoena shall state the title of the action.
(3) Subpoenas may be obtained from the Office of State Administrative Hearings website or
from the Clerk.
(4) A subpoena may be served at any place within Georgia and by any sheriff, by a sheriff’s
deputy, or by any other person not less than eighteen (18) years of age. Proof of service may be
shown by certificate endorsed on a copy of the subpoena. Subpoenas may also be served by
registered or certified mail, and the return receipt shall constitute prima facie proof of service.
Service upon a party may be made by serving the party’s counsel of record. Fees and mileage
shall be paid to the recipient of a subpoena in accordance with O.C.G.A. § 24-10-24.
(5) Once issued, a subpoena may be quashed by the Administrative Law Judge if it appears that
the subpoena is unreasonable or oppressive, or that the testimony, documents, or objects sought
are irrelevant, immaterial, or cumulative and unnecessary to a party’s preparation and
presentation of its position at the hearing, or that basic fairness dictates that the subpoena should
not be enforced. The Administrative Law Judge may require the party issuing the subpoena to
advance the reasonable cost of producing the documents or objects.
(6) Once issued and served, unless otherwise conditioned or quashed, a subpoena shall remain
in effect until the close of the hearing or until the witness is excused, whichever comes first.
(7) A party may serve a notice to produce in order to compel production of documents or
objects in the possession, custody, or control of another party in lieu of serving a subpoena under
this Rule. Service may be perfected in accordance with paragraph (4), but no fees or mileage
shall be allowed therefor. Paragraph (5) shall apply to such notices.
(8) A notice to produce shall be in writing and shall be signed by the party or by the party’s
attorney seeking production of documents or objects. The notice shall be directed to the
opposing party or the opposing party’s attorney. A copy of any notice to produce shall be filed
with the Clerk.”