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  1. #1
    Join Date
    Mar 2008
    Posts
    2

    Default How To Make A Motion For Discovery

    Hello all,

    I made an incredibly stupid mistake and was charged with simple battery. My arraignment is on the 31st and I am curious as to how I might go about filing a motion for discovery. The lawyer I spoke with seemed to indicate that there was a particular format in doing so. This is in the state of Georgia. Any help would be appreciated. Thanks!

  2. #2
    Join Date
    Mar 2008
    Location
    Florida
    Posts
    17

    Default Re: To Make A Motion For Discovery.

    A Motion differs from a Request in that a defendant makes the Motion to the court and not the prosecution. In a Motion for Discovery you must justify your reasons for making certain requests for information and the court will decide if your request has merit. If the Court determines that your request is legitimate and the information is needed for your defense, it will order that the information be given you.

    I am not sure but I think you have to wait for the arragnment before filing a "motion to discover." Check with your lawyer on this. The charges have to be formally read before you can apply for discovery.

    im going to look up on this more and get back to you

  3. #3
    Join Date
    Mar 2008
    Location
    Florida
    Posts
    17

    Default Re: To Make A Motion For Discovery.

    Quote Quoting daganarchis777
    View Post
    A Motion differs from a Request in that a defendant makes the Motion to the court and not the prosecution. In a Motion for Discovery you must justify your reasons for making certain requests for information and the court will decide if your request has merit. If the Court determines that your request is legitimate and the information is needed for your defense, it will order that the information be given you.

    I am not sure but I think you have to wait for the arragnment before filing a "motion to discover." Check with your lawyer on this. The charges have to be formally read before you can apply for discovery.

    im going to look up on this more and get back to you
    okay, i still beleive you have to wait for arrangment before filing a motion and that the charges must be formally read before you can apply, but it should say something like this (although i am unsure if youre a minor or not):


    IN THE JUVENILE COURT OF ___________ COUNTY
    STATE OF GEORGIA

    |

    In the interest of: | Case number 123456

    | Judge_______________

    |

    |

    |


    MOTION FOR DISCOVERY

    The Child, insert name, by a through his authorized counsel, files this motion for Discovery as provided by O.C.G.A. 17-16-1 through 17-16-4 to wit:

    1. a copy of any statement given by the Child while in police custody pursuant to O.C.G.A. 17-16-4(a)(1) together with statements of co-conspirators that are attibutable to the Child and arguably admissible against the Child at trial
    2. a complete copy of any written scientific reports in the possession of the prosecution which will be introduced in whole or in part by the prosecution in its case-in chief or in rebuttal pursuant to O.C.G.A. 17-16-4(a), including a summary of the basis for the expert opinion rendered in the report.
    3. a complete copy of any statement made by any witness plus a summary of the substance of any statement made by any witness contained in any memorandum, report, or other type of written document whether signed or otherwise adopted by the witness, pursuant to O.C.G.A. 17-16-1(20(c).
    WHEREFORE, the Child prays that a copy of any statement given by the Child while in police custody, a copy of any statement by any witness, and a complete copy of any written scientific reports in the possessionof the prosecution which will be introduces in whole or in part by the prosecution in its case-in-chief or in rebuttal be provided to his counsel.

    Respectfully submitted,



    but just wait till you actually go to court, because they dont make their final desissions right off the bat, talk to your lawyer some more, he/she will speak with the judge...it'll all be okay, expecially if you have no prior charges, that will make everything much smoother.

  4. #4
    Join Date
    Mar 2008
    Posts
    2

    Default Re: To Make A Motion For Discovery.

    Ah. Thank you dragan. Your speedy response was appreciated. I am not, however, a minor. Also, at this point, I'm unsure whether or not I should retain this lawyer. His flat fee is $4000, and my reasoning for trying to obtain discovery is to determine the necessity of skills. I would like to see the prosecution's case before I decide upon hiring him or a public defender. How do these two factors change the manner in which I should proceed? Also, if I file for discovery after I plead not guilty on my arraignment who should I file with? The DA's office or the Judge?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default Re: To Make A Motion For Discovery.

    The formatting of this is pretty awful, but the information looks helpful.

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