What Are Motions for Discovery in Georgia?
Discovery is a term used in a wide variety of cases. From divorce to DUI, motions for discovery are requested in order to obtain more information about the opposing parties case against you. It can be difficult to know what to request from the opposing party, and sometimes you miss out on information that could have helped your case. That is why it is important to hire an experienced attorney that will walk you through the process. Lawyers understand what is relevant information and how to request it. Don't forfeit your case because you tried to handle it all on your own. Call our offices today for a free case evaluation and speak to one of Georgia’s Top Criminal Defense Attorneys.
What Constitutes Discovery?
Discovery is the process of receiving knowledge of the evidence for or against a defendant. Many states, including Georgia, adhere to the principle that defendants do not have an automatic right to discovery and instead, have to request it. In cases such as divorce, discovery allows for the parties to request information about income, retirement, assets, phone call logs, social media accounts, etc. in order to ascertain whether there was adultery or how much money is open to being split. Divorce cases allow for lots of information to be collected.
However, criminal discovery is much different. When making discovery requests, defendants must explain why the evidence requested is relevant to their case. In Georgia, discovery requests can include
- Videotapes of arrests
- Blood alcohol test results
- Recordings of interviews by the police
- Photographs of the alleged crime scenes
- Medical records related to the injuries
After receiving this information, your attorney then studies it to see if any discrepancies or points that can be argued on your behalf. Discovery can be obtained through depositions, written interrogatories, physical and mental examinations, and requests for admission.
The general rules of discovery can be found in O.C.G.A. §9-11-26.
How Does Someone Request Discovery?
Discovery requests must be made in the form of a written motion. The request must be submitted to the opposing party or the State if in a criminal case.
When facing criminal charges, it is important that you speak to an experienced Georgia Criminal Defense Attorney. They can help you file the necessary motions to start the discovery process and review documents you receive back to start building your case. Contact our offices for a free case evaluation.