Criminal Motion For Discovery Form Georgia

State:
Multi-State
Control #:
US-00855
Format:
Word; 
Rich Text
Instant download

Description

The Criminal Motion for Discovery Form Georgia is a legal document used in court proceedings to request that the State produce discovery documents necessary for a defendant's defense. This form serves as a motion filed by the defendant's attorney to compel the district attorney's office to provide access to relevant evidence that may have been withheld, typically due to issues such as illegibility of previously provided documents. Key features of the form include spaces for the identification of the plaintiff and defendant, a clear explanation of the discovery request, and a section for certification of service confirming that the motion has been delivered to the relevant parties. Attorneys, partners, and legal assistants can utilize this form to ensure that defendants receive complete and legible documentation, thus facilitating fair representation. The form is straightforward in structure, allowing easy editing and filling by legal professionals. It addresses critical scenarios where access to evidence is vital for adequately preparing a case, making it an essential tool for legal practitioners involved in criminal defense. By using this form, legal teams can navigate the discovery process effectively, providing better outcomes for their clients.
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FAQ

Some examples that your lawyer may request as part of their motion for discovery are: Photos or videos of the crime scene. Witness statements. Police reports or notes.

(1) If a party files a motion to dismiss before or at the time of filing an answer and pursuant to the provisions of this Code section, discovery shall be stayed for 90 days after the filing of such motion or until the ruling of the court on such motion, whichever is sooner.

How Does Someone Request Discovery? Discovery requests must be made in the form of a written motion. The request must be submitted to the opposing party or the State if in a criminal case.

Discovery may be carried out by directly asking a person questions (oral depositions), by sending a person written questions (interrogatories and depositions on written questions), and by requesting that the person provide documents (motions for production, subpoenas duces tecum).

A defendant shall serve his answer within 30 days after the service of the summons and complaint upon him, unless otherwise provided by statute. A cross-claim or counterclaim shall not require an answer, unless one is required by order of the court, and shall automatically stand denied.

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Criminal Motion For Discovery Form Georgia