What are the rules for discovery in Georgia criminal defense cases?
In felony cases, the parties follow O.C.G.A. Title 17, Chapter 16 if the defendant opts in by written notice “at or prior to arraignment,” under § 17-16-2(a). If not, older rules give more limited rights, along with constitutional disclosure. Misdemeanors aren’t covered by that part of the statute.
| Who gives | What | When | Section |
|---|---|---|---|
| State | Defendant's statements, record, documents, scientific reports, witness list | At least 10 days before trial | §§ 17-16-4, 17-16-8 |
| Defense | Expert reports, documents to be used at trial, witness list | At least 5 days before trial | §§ 17-16-4(b), 17-16-8 |
| Both sides | Statements of a testifying witness | At least 10 days before trial, or at a post-indictment evidentiary hearing | § 17-16-7 |
| Defense | Alibi notice, on the state's written demand | Within 10 days of the demand or 10 days before trial, whichever is later | § 17-16-5 |
Brady. Brady v. Maryland (1963) and Giglio v. United States (1972) apply either way. They don’t depend on opting in.
Remedies. Section 17-16-6 lets a judge order inspection, grant a continuance, or exclude evidence, on a showing of prejudice and bad faith.
Opt-in cost. It opens the defense’s own disclosure. A lawyer weighs that when deciding, as well as how much open-file discovery is available in that county.
Misdemeanors. A different article applies, under § 17-16-20. Section 17-16-21 gives a copy of the accusation and, on demand, the witness list. Section 17-16-22 gives the defendant’s custodial statement on a timely written request, and § 17-16-23 covers scientific reports.
Motions. Requests for third-party records go through subpoena under § 24-13-21. Victim privacy can limit them.
Timing. Deadlines depend on the trial date. Under a speedy trial demand, the time gets shorter, and it can create a real squeeze.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.