How do i file a motion for discovery with out a lawyer creating a motion for discovery. Skip to main content. You can read either the Georgia Civil Practice Act if your case is a civil one or the Georgia Rules of Criminal Procedure if your case is a criminal one, and those rules will provide you with the rules for filing such a motion. Georgia Court Forms and Other Information. This page provides information about Court Forms and Other Information resources in Georgia. Links are grouped by those that cover courts statewide, for multiple counties, and then by individual county.
2010 Georgia CodeTITLE 9 - CIVIL PRACTICECHAPTER 11 - CIVIL PRACTICE ACTARTICLE 5 - DEPOSITIONS AND DISCOVERY§ 9-11-37 - Failure to make discovery; motion to compel; sanctions; expensesO.C.G.A. 9-11-37 (2010)9-11-37. Failure to make discovery; motion to compel; sanctions; expenses(a) Motion for order compelling discovery.
A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows:(1) Appropriate court. An application for an order to a party may be made to the court in which the action is pending or, on matters relating to a deposition, to the court in the county where the deposition is being taken. An application for an order to a deponent who is not a party shall be made to the court in the county where the deposition is being taken;(2) Motion; protective order.
A motion is a request to the court to enter a particular order.A motion for discovery is a request to the court to order theopposing party to produce discovery materials. Discovery materialsdiffer depending on whether the pending matter is a civil orcriminal case. Discovery is generally intended to allow parties toknow what to expect at trial. Knowing the other side's caseencourages pretrial resolution and facilitates the presentation ofevidence at trial.The local state or the federal Rules of Civil Procedure governwhat material is discoverable in a civil case and how it can bediscovered.
In general, discoverable material in civil cases is anymaterial that might lead to evidence that would be admissible incourt.In criminal cases, discovery is governed by the Rules as well asby caselaw. A criminal defendant is entitled as a constitutionalright to discover anything the prosecution has that tends to showthe defendant did not commit the offense charged, even if theprosecution does not believe the evidence. Many state and federalcourts have open file discovery, which means that defense counselcan see the prosecution's file.
Giving copies to theclient-defendant, however, can be limited or even forbidden. (Seee.g., local rules of the Federal District Courts in the WesternDistrict of North Carolina.)Contrary to the original posting here, Grand Jury material isgenerally not discoverable.
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Grand Jury proceedings are sealed andconfidential except in very rare circumstances.