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Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 16. DISCOVERY · Article 1. DEFINITIONS; FELONY CASES

17-16-8. Lists of names and information concerning witnesses.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    The prosecuting attorney, not later than ten days before trial, and the defendant’s attorney, within ten days after compliance by the prosecuting attorney but no later than five days prior to trial, or as otherwise ordered by the court, shall furnish to the opposing counsel as an officer of the court, in confidence, the names, current locations, dates of birth, and telephone numbers of that party’s witnesses, unless for good cause the judge allows an exception to this requirement, in which event the counsel shall be afforded an opportunity to interview such witnesses prior to the witnesses being called to testify.#

  2. (b)

    Nothing in this Code section shall be construed to require the prosecuting attorney to furnish 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, the prosecuting attorney shall furnish to the attorney for the accused, or, if pro se, to the accused, the current work location and work phone number of the law enforcement officer or nonsworn employee of a law enforcement agency.#

  3. (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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 17-16-8, enacted by Ga. L. 1994, p. 1895, § 4; Ga. L. 1995, p. 1250, § 2; Ga. L. 1996, p. 1624, § 4; Ga. L. 2023, p. 87, § 1/HB 139, effective July 1, 2023.

Amendments

The 2023 amendment, effective July 1, 2023, in subsection (b), added “or a nonsworn employee of a law enforcement agency” at the end of the first sentence and rewrote the second sentence, which read: “Instead, in such cases, the prosecuting attorney shall furnish to the defense attorney the law enforcement officer’s current work location and work phone number.”; and added subsection (c).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t17-(v15)-pdf.pdf, Volume V15, 2020 edition, 2025 supplement, page 169; merge action: replaced; file SHA-256 9ed85bfde942.