---
title: O.C.G.A. § 17-16-21. Right of the defendant to copy of indictment or accusation and list of witnesses; confidentiality for law enforcement personal information.
collection: code
id: 17-16-21
cite_as: O.C.G.A. § 17-16-21 (2025)
canonical_url: https://georgiacommons.org/code/17-16-21
md_url: https://georgiacommons.org/code/17-16-21.md
text_url: https://georgiacommons.org/code/17-16-21/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t17-(v15)-pdf.pdf?sfvrsn=6c4dfdf8_0#page=170
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/17-16.md
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMINAL PROCEDURE / DISCOVERY / MISDEMEANOR CASES
---

# O.C.G.A. § 17-16-21. Right of the defendant to copy of indictment or accusation and list of witnesses; confidentiality for law enforcement personal information.

(a) Prior to arraignment, every person charged with a criminal offense shall be furnished with a copy of the indictment or accusation and, on demand, with a list of the witnesses on whose testimony the charge against such person is founded. Without the consent of the defendant, no witness shall be permitted to testify for the state whose name does not appear on the list of witnesses as furnished to the defendant unless the prosecuting attorney shall state that the evidence sought to be presented is newly discovered evidence which the state was not aware of at the time of its furnishing the defendant with a list of the witnesses.

(b) Nothing in this Code section shall be construed to require any person charged with a criminal offense to be furnished the home address, date of birth, or home telephone number of a witness who is a law enforcement officer or a nonsworn employee of a law enforcement agency. Instead, in such cases, such person shall be furnished with the current work location and work phone number of the law enforcement officer or nonsworn employee of a law enforcement agency.

(c) Any formerly employed or retired law enforcement officer or nonsworn employee of a law enforcement agency may use the address and phone number of the last agency where he or she was employed as his or her contact information for purposes of this Code section. Use of this subsection by an officer or employee shall constitute a waiver of any claim by such officer or employee as to any defect of service or notice of hearing if the service or notice was provided to the designated law enforcement agency and shall impose an affirmative obligation on such officer or employee to keep current his or her personal address and phone number information with such agency.

## History

Code 1981, § 17-16-21, enacted by Ga. L. 1994, p. 1895, § 4; Ga. L. 2023, p. 87, § 2/HB 139, effective July 1, 2023.

## Amendments

The 2023 amendment, effective July 1, 2023, designated the existing provisions of this Code section as subsection (a) and added subsections (b) and (c).