Motion for Discovery (Criminal)

MOTION FOR DISCOVERY (CRIMINAL) — GEORGIA

Table of Contents

1. Caption
2. Election and Demand for Discovery
3. Constitutional Basis
4. Statutory Authority
5. Categories of Discovery Requested
6. Good Faith Certification
7. Proposed Order
8. Certificate of Service
9. Georgia Practice Notes

1. Caption

IN THE [SUPERIOR / STATE] COURT OF [________________________________] COUNTY
STATE OF GEORGIA

2. Election and Demand for Discovery

COMES NOW the Defendant, [DEFENDANT FULL NAME], by and through undersigned counsel, and pursuant to the Criminal Procedure Discovery Act, O.C.G.A. § 17-16-1 et seq., hereby elects to have said Act apply to this case and files this Motion for Discovery requesting the State to disclose and produce the materials described below.

3. Constitutional Basis

The Defendant's right to discovery is grounded in the following constitutional protections:

• Brady v. Maryland, 373 U.S. 83 (1963) — The prosecution must disclose all material exculpatory evidence.
• Giglio v. United States, 405 U.S. 150 (1972) — Material evidence affecting witness credibility falls within the Brady rule, subject to materiality.
• United States Constitution, Amendments V, VI, and XIV — Due process and the right to a fair trial.
• Georgia Constitution, Art. I, § I, ¶¶ I and XIV — Due process protections.

4. Statutory Authority

This motion is filed pursuant to:

• O.C.G.A. § 17-16-4 — Disclosure required by prosecuting attorney; inspections allowed
• O.C.G.A. § 17-16-6 — Scientific reports
• O.C.G.A. § 17-16-7 — Statements of witnesses
• O.C.G.A. § 17-16-8 — Witness lists and prior criminal records
• O.C.G.A. § 17-16-9 — Exculpatory information
• O.C.G.A. § 17-16-10 — Continuing duty to disclose

5. Categories of Discovery Requested

The Defendant respectfully requests the State to disclose the following:

A. Witness Information

☐ Names and addresses of all persons known to the prosecution who have knowledge of relevant facts
☐ Written or recorded statements of each witness the State intends to call at trial (O.C.G.A. § 17-16-7)
☐ List of all witnesses the State intends to call, including rebuttal witnesses (O.C.G.A. § 17-16-8)
☐ Prior criminal records of all prosecution witnesses (O.C.G.A. § 17-16-8)

B. Defendant's Statements

☐ Any written or recorded statements or confessions made by the Defendant
☐ Substance of any oral statements made by the Defendant to law enforcement
☐ Grand jury testimony of the Defendant, if any

C. Police and Investigative Reports

☐ All police reports, incident reports, and supplemental reports
☐ All investigative notes, memoranda, and correspondence
☐ Dispatch records, CAD logs, and 911 call recordings
☐ Body-worn camera and dashboard camera footage
☐ Surveillance video from any source in the State's possession

D. Laboratory and Scientific Evidence

☐ Results or reports of physical or mental examinations (O.C.G.A. § 17-16-4)
☐ Results or reports of scientific tests, experiments, or comparisons (O.C.G.A. § 17-16-6)
☐ Chain of custody documentation for all physical evidence
☐ Qualifications and reports of any expert witnesses

E. Exculpatory and Impeachment Material

☐ All exculpatory evidence as required under Brady v. Maryland (O.C.G.A. § 17-16-9)
☐ Material impeachment evidence required under Brady/Giglio and any broader state discovery rule
☐ Evidence of any promises, inducements, or plea agreements with witnesses
☐ Prior inconsistent statements of any prosecution witness
☐ Internal affairs files or disciplinary records of testifying officers

F. Electronic and Digital Evidence

☐ Cell phone records, text messages, emails, and social media evidence
☐ GPS and location data
☐ Computer forensic reports and analysis
☐ Photographs taken by law enforcement or in the State's possession

G. Prior Acts Evidence

☐ Notice of any intent to introduce similar transaction evidence under O.C.G.A. § 24-4-413 through 24-4-415
☐ Evidence of other crimes, wrongs, or acts the State intends to introduce (Uniform Evidence Act, O.C.G.A. § 24-4-404(b))

H. Co-Defendant Information

☐ Statements of any co-defendants
☐ Plea agreements, immunity grants, or cooperation agreements with co-defendants or co-conspirators
☐ Severance or joinder motions filed in related cases

I. Documents and Tangible Objects

☐ All books, papers, documents, photographs, and tangible objects the State intends to introduce at trial (O.C.G.A. § 17-16-4)
☐ Any items obtained from or belonging to the Defendant

6. Good Faith Certification

Undersigned counsel certifies that this Motion is filed in good faith and that counsel has made a reasonable effort to confer with the prosecuting attorney regarding voluntary disclosure of the requested materials prior to filing this Motion.

7. Proposed Order

IN THE [SUPERIOR / STATE] COURT OF [________________________________] COUNTY
STATE OF GEORGIA

ORDER ON DEFENDANT'S MOTION FOR DISCOVERY

Case No.: [________________________________]

Having considered the Defendant's Motion for Discovery, it is hereby:

☐ GRANTED. The State shall comply with the Defendant's discovery requests within [____] days of this Order.

☐ GRANTED IN PART as to the following categories: [________________________________]

☐ DENIED for the following reasons: [________________________________]

☐ The State shall have a continuing duty to disclose newly discovered material pursuant to O.C.G.A. § 17-16-10.

SO ORDERED this [____] day of [________________], [________].

_______________________________________________
Judge, [SUPERIOR / STATE] Court
[________________________________] County, Georgia

8. Certificate of Service

I hereby certify that on this [____] day of [________________], [________], I have served a true and correct copy of the foregoing Motion for Discovery upon the following:

[PROSECUTING ATTORNEY NAME]
[Office of the District Attorney / Solicitor-General]
[________________________________]
[________________________________]

☐ Hand delivery
☐ U.S. Mail, postage prepaid
☐ Electronic filing / e-service

_______________________________________________
[ATTORNEY NAME], Georgia Bar No. [________]
Attorney for Defendant
[________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

9. Georgia Practice Notes

Opt-In Requirement:

• Georgia's discovery statute is opt-in for felony cases. The Defendant must file a written election at or before arraignment for Article 1 to apply. This motion serves as that election.
• For misdemeanor cases, Article 2 (O.C.G.A. §§ 17-16-20 to 17-16-23) provides more limited automatic discovery rights.

Reciprocal Discovery:

• Once the Defendant elects discovery under Article 1, the State is entitled to reciprocal discovery from the Defendant, including witness lists and certain evidence the defense intends to introduce.

Timing:

• The State must disclose witness lists and statements no later than 10 days before trial (O.C.G.A. § 17-16-8).
• Scientific reports must be disclosed no later than 10 days before trial (O.C.G.A. § 17-16-6).
• The State has a continuing duty to disclose newly discovered material (O.C.G.A. § 17-16-10).

Sanctions for Non-Compliance:

• Under O.C.G.A. § 17-16-6, if the State fails to comply, the court may order disclosure, grant a continuance, exclude evidence, or declare a mistrial.

Open File Policy:

• Many Georgia District Attorney offices maintain an open file policy, but this is discretionary and not required by statute. A formal motion preserves the record.

This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed Georgia attorney before use.