Georgia Commons

Title 17. CRIMINAL PROCEDURE

Chapter 8. TRIAL

41 sections · 17-8-1 to 17-8-76

Article 1. GENERAL PROVISIONS

  1. 17-8-1Cases to be called in order in which they stand on docket; exceptions; preferred scheduling when alleged victim is disabled adult or elder person.
  2. 17-8-2Indictments and special presentments to be presented to jury; exception for settlements between prosecutor and defendant which are approved by court.
  3. 17-8-3Entry of nolle prosequi.
  4. 17-8-4Procedure for trial of jointly indicted defendants; right of defendants to testify for or against one another; order of separate trials; acquittal or conviction where offense requires joint action or concurrence; number of strikes allowed defendants.
  5. 17-8-5Recordation of testimony in felony cases; entering testimony on minutes of court where guilty verdict found; preparation of transcript where death sentence imposed; preparation of transcript where mistrial results in felony case.
  6. 17-8-6Authority of municipal court to seal criminal records.

Article 2. CONTINUANCES

  1. 17-8-20Showing of due diligence required of applicants for continuances generally.
  2. 17-8-21When showing for continuance required of state.
  3. 17-8-22Consideration of motion for continuance by court generally; allowance of counter-showing to motion.
  4. 17-8-23Absence of party as grounds for granting continuance.
  5. 17-8-24Absence or illness of counsel as grounds for granting continuance.
  6. 17-8-25Absence of witness as grounds for granting continuance.
  7. 17-8-26Party or party’s attorney in attendance at General Assembly as grounds for granting continuance.
  8. 17-8-27Attorney General in attendance at General Assembly as grounds for granting continuance.
  9. 17-8-28Witness in attendance at General Assembly as grounds for granting continuance.
  10. 17-8-29Party or party’s counsel in attendance at meeting of Board of Regents of the University System of Georgia as grounds for granting continuance.
  11. 17-8-30Party or party’s counsel in attendance at meeting of Board of Human Services or Board of Behavioral Health and Developmental Disabilities as grounds for granting continuance.
  12. 17-8-31Party, leading attorney, or material witness in attendance on active duty as member of National Guard or component of armed forces of the United States as grounds for granting continuance; setting bail in certain cases.
  13. 17-8-32Effect of admission by opposing party of facts to be proved upon allowance of continuance.
  14. 17-8-33Granting of continuances where indictment found or accusation made; continuance where material witness unavailable; continuances required by principles of justice; granting of continuance where postponement possible to later date in term.
  15. 17-8-34Granting of continuances in cases returned by appellate court for trial.
  16. 17-8-35Effect of continuance by defendant upon trial of codefendants.
  17. 17-8-36Entry of date of continuance upon docket of court; announcement of continuance in open court.
  18. 17-8-37Duration of continuance.
  19. 17-8-38Case not reached at trial term continued.

Article 3. CONDUCT OF PROCEEDINGS

  1. 17-8-50Courts in which trials of inmates escaping from correctional institutions to take place; admissibility of records pertaining to former trials of such inmates; testimony of other inmates.
  2. 17-8-51Admissibility of testimony of inmates in trials for crime of mutiny.
  3. 17-8-52Oath to be administered to witnesses.
  4. 17-8-53Exclusion of public from courtroom when evidence vulgar or obscene.
  5. 17-8-54Persons in courtroom when person under age of 16 testifies concerning sexual offense.
  6. 17-8-55Testimony of child less than 17 years old outside physical presence of accused.
  7. 17-8-56Writing out and reading of charge to jury; filing of charge; furnishing of copies of charge.
  8. 17-8-57Expression or intimation of opinion by judge as to matters proved or guilt of accused.
  9. 17-8-58Objections to jury charges prior to the jury retiring to deliberate; failure to raise objections.

Article 4. CONDUCT AND ARGUMENT OF COUNSEL

  1. 17-8-70Number of counsel permitted to argue case.
  2. 17-8-71Order of argument after evidence presented.
  3. 17-8-72Misdemeanors and cases arising from inferior judicatories; time limits on closing argument.
  4. 17-8-73Noncapital and capital felony cases; time limits on closing argument.
  5. 17-8-74Allowance of additional time for closing argument.
  6. 17-8-75Improper statements by counsel.
  7. 17-8-76Argument to or in front of jury as to possibility of clemency.