Title 17, Chapter 16, Section 4
( 17-16-4)
(a)(1) The prosecuting attorney shall, no later than ten days
prior to trial, or at such time as the court orders, disclose to
the defendant and make available for inspection, copying, or
photographing any relevant written or recorded statements made by
the defendant, or copies thereof, within the possession, custody,
or control of the state or prosecution and that portion of any
written record containing the substance of any relevant oral
statement made by the defendant, whether before or after arrest,
in response to interrogation by any person then known to the
defendant to be a law enforcement officer or member of the
prosecuting attorney's staff. The prosecuting attorney shall also
disclose to the defendant the substance of any other relevant oral
statement made by the defendant, before or after arrest, in
response to interrogation by any person then known by the
defendant to be a law enforcement officer or member of the
prosecuting attorney's staff if the state intends to use that
statement at trial. The prosecuting attorney shall also disclose
to the defendant the substance of any other relevant written or
oral statement made by the defendant while in custody, whether or
not in response to interrogation. Statements of coconspirators
that are attributable to the defendant and arguably admissible
against the defendant at trial also shall be disclosed under this
Code section. Where the defendant is a corporation, partnership,
association, or labor union, the court may grant the defendant,
upon its motion, discovery of any similar such statement of any
witness who was: (A) At the time of the statement, so situated as an officer or
employee as to have been legally able to bind the defendant in
respect to conduct constituting the offense; or (B) At the time of the offense, personally involved in the
alleged conduct constituting the offense and so situated as an
officer or employee as to have been legally able to bind the
defendant in respect to that alleged conduct in which the
witness was involved. (2) The prosecuting attorney shall, no later than ten days prior to trial, or as otherwise ordered by the court, furnish to the defendant a copy of the defendant's Georgia Crime Information Center criminal history, if any, as is within the possession, custody, or control of the state or prosecution. Nothing in this Code section shall affect the provisions of Code Section 17-10-2. (3) The prosecuting attorney shall, no later than ten days prior
to trial, or as otherwise ordered by the court, permit the
defendant at a time agreed to by the parties or ordered by the
court to inspect and copy or photograph books, papers, documents,
photographs, tangible objects, audio and visual tapes, films and
recordings, or copies or portions thereof and to inspect and
photograph buildings or places which are within the possession,
custody, or control of the state or prosecution and are intended
for use by the prosecuting attorney as evidence in the
prosecution's case-in-chief or rebuttal at the trial or were
obtained from or belong to the defendant. Evidence that is within
the possession, custody, or control of the Forensic Sciences
Division of the Georgia Bureau of Investigation or other
laboratory for the purpose of testing and analysis may be
examined, tested, and analyzed at the facility where the evidence
is being held pursuant to reasonable rules and regulations adopted
by the Forensic Sciences Division of the Georgia Bureau of
Investigation or the laboratory where the evidence is being held. (4) The prosecuting attorney shall, no later than ten days prior
to trial, or as otherwise ordered by the court, permit the
defendant at a time agreed to by the parties or ordered by the
court to inspect and copy or photograph a report of any physical
or mental examinations and of scientific tests or experiments,
including a summary of the basis for the expert opinion rendered
in the report, or copies thereof, if the state intends to
introduce in evidence in its case-in-chief or in rebuttal the
results of the physical or mental examination or scientific test
or experiment. Nothing in this Code section shall require the
disclosure of any other material, note, or memorandum relating to
the psychiatric or psychological treatment or therapy of any
victim or witness. (b)(1) The defendant within ten days of timely compliance by the
prosecuting attorney but no later than five days prior to trial,
or as otherwise ordered by the court, shall permit the prosecuting
attorney at a time agreed to by the parties or as ordered by the
court to inspect and copy or photograph books, papers, documents,
photographs, tangible objects, audio and visual tapes, films and
recordings, or copies or portions thereof and to inspect and
photograph buildings or places, which are within the possession,
custody, or control of the defendant and which the defendant
intends to introduce as evidence in the defense's case-in-chief or
rebuttal at the trial. (2) The defendant shall within ten days of timely compliance by
the prosecuting attorney but no later than five days prior to
trial, or as otherwise ordered by the court, permit the
prosecuting attorney at a time agreed to by the parties or as
ordered by the court to inspect and copy or photograph a report of
any physical or mental examinations and of scientific tests or
experiments, including a summary of the basis for the expert
opinion rendered in the report, or copies thereof, if the
defendant intends to introduce in evidence in the defense's
case-in-chief or rebuttal the results of the physical or mental
examination or scientific test or experiment. Nothing in this
Code section shall require the disclosure of any other material,
note, or memorandum relating to the psychiatric or psychological
treatment or therapy of any defendant or witness. (c) If prior to or during trial a party discovers additional
evidence or material previously requested or ordered which is
subject to discovery or inspection under this article, such party
shall promptly notify the other party of the existence of the
additional evidence or material and make this additional evidence or
material available as provided in this article. (d) Upon a sufficient showing that a discovery required by this
article would create a substantial threat of physical or economic
harm to a witness, the court may at any time order that the
discovery or inspection be denied, restricted, or deferred or make
such other order as is appropriate. Upon motion by a party, the
court may permit the party to make such showing, in whole or in
part, in the form of a written statement to be inspected by the
judge alone. If the court enters an order granting relief following
such an ex parte showing, the entire text of the party's statement
shall be sealed and preserved in the records of the court subject to
further order of the court and to be made available to the appellate
court in the event of an appeal. (e) Discovery with respect to alibi witnesses shall be as provided for in Code Section 17-16-5. |