What’s the procedure for filing a motion to quash in Georgia criminal defense?
Georgia doesn’t have one statute titled “motion to quash.” The phrase covers different requests, so the procedure depends on what’s being attacked.
| Target | Filing | Deadline | Source |
|---|---|---|---|
| Indictment defect, such as a grand jury issue | Motion to quash or plea in abatement | Before plea, or § 17-7-110 period | O.C.G.A. § 17-7-110 |
| Traffic citation or accusation | Motion to quash or special demurrer | Before plea, or § 17-7-110 period | §§ 17-7-71, 40-13-1 |
| Subpoena | Motion to quash, or modify | Before compliance date | § 24-13-23 |
| Search warrant | Motion to suppress | § 17-7-110 period | § 17-5-30 |
Indictments. A challenge based on the indictment’s form is a special demurrer, while a challenge based on a substantive defect is a general demurrer under § 17-7-111 language. A defect in form is waived if not raised before pleading. A person who waited can still raise a general demurrer later, in some situations, through a motion in arrest of judgment.
Subpoenas. Under § 24-13-23, a court may quash a subpoena for documents if it’s “unreasonable and oppressive.” The party with standing has to act before the date.
Practice. The motion must identify the defect, cite authority, and be set for a hearing. A judge’s quashal of an indictment may be appealed by the state, § 5-7-1, and the state can seek re-indictment within limits, under § 17-3-3.
This motion may only delay the case, as the state can fix a defect by re-indicting. A lawyer weighs whether raising it early just hands the state a chance to correct it before limitations have run.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.