What pretrial motions are commonly used in Georgia criminal defense?
The main ones are motions to suppress, demurrers, severance, limine, speedy trial demands, and immunity motions. Under O.C.G.A. § 17-7-110, pretrial motions must be filed within 10 days after arraignment, unless the court extends that time.
| Motion | Purpose | Source |
|---|---|---|
| Suppress | Exclude evidence from an unlawful search or statement | § 17-5-30; Jackson v. Denno |
| General or special demurrer | Attack the indictment | § 17-7-111 |
| Plea in bar | Double jeopardy, limitations, acquittal | § 17-7-53.1 for second indictments |
| Immunity | Self-defense | § 16-3-24.2 |
| Severance | Separate defendants or counts | Bruton (1968); § 17-8-4 |
| In limine | Keep specific evidence out | § 24-1-103 |
| Discovery | Compel, Brady | §§ 17-16-1 to 17-16-10 |
| Bill of particulars | Ask for detail on the charge | Georgia case law |
| Change of venue | Publicity or prejudice | § 17-7-150 |
| Speedy trial | Statutory demand | § 17-7-170 |
| Competency | Fitness for trial | § 17-7-130 |
The state has its own, such as a notice of intent to use prior acts under § 24-4-404(b) and, where the defendant opted into discovery, notice of evidence in aggravation under § 17-16-4(a)(5).
The order of filing can matter. A motion to suppress must be written and state the facts, § 17-5-30(b), and failure to do so can waive it. Some errors, such as a defect in an indictment, are waived if not raised before pleading. Waiting for trial may lose an issue, and a lawyer’s failure to file a winning motion can become an ineffective assistance claim.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.