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In re: DeKalb County Special Grand Jury Proceedings

The denial of a motion to quash a special grand jury's subpoena duces tecum was not a directly appealable final order.

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The “three corporate officers or employees of S. I. D., Inc.”1 directly appeal the superior court’s order denying their joint motion to quash the DeKalb County special grand jury’s subpoena duces tecum upon S. I. D., Inc. for certain corporate records. The order appealed allows the subpoena, which was properly served upon the corporation’s custodian of records, to stand. The superior court concluded that neither the corporation nor its corporate officers may claim a privilege in or against the production of S. I. D., Inc.’s corporate records. For the following reasons, we must dismiss this appeal.

The denial of a motion to quash a grand jury subpoena is not a final order, and because S. I. D., Inc. and its corporate officers failed to follow the interlocutory appeal procedure, we lack jurisdiction to consider the merits of this appeal. An order denying a motion to quash a grand jury subpoena is not a final order within the meaning of OCGA § 5-6-34 a. See Cobbledick v. United States, 309 U. S. 323, 327-328 60 SC 540, 84 LE 783 1940. An appeal from such an order must be made by application, pursuant to the interlocutory appeal procedure set forth in OCGA § 5-5-34 b. See Morris v. State, 246 Ga. 510 272 SE2d 254 1980. Or, the party subpoenaed may refuse to comply with the court’s order, litigate the issue in a contempt proceeding, and then directly appeal the finding of contempt. See Cobbledick, 309 U. S. at 328; Johnson & Johnson v. Kaufman, 226 Ga. App. 77, 81 485 SE2d 525 1997.

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