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Article 1 - General Provisions
§ 17-8-1. Cases to Be Called in Order in Which They Stand on Docket; Exceptions; Preferred Scheduling When Alleged Victim Is Disabled Adult or Elder Person - History. Ga. L. 1862-63, p. 139, § 1; Code 1863,...
§ 17-8-2. Indictments and Special Presentments to Be Presented to Jury; Exception for Settlements Between Prosecutor and Defendant Which Are Approved by Court - All indictments or special presentments shall be submitted to and...
§ 17-8-3. Entry of Nolle Prosequi - After an examination of the case in open court and...
§ 17-8-4. Procedure 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 D... - History. Laws 1836, Cobb’s Digest, p. 841; Ga. L. 1855-56,...
§ 17-8-5. Recordation 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 - History. Laws 1833, Cobb’s 1851 Digest, p. 841; Code 1863,...
§ 17-8-6. Authority of Municipal Court to Seal Criminal Records - History. Ga. L. 1980, p. 1683, § 1.
Article 2 - Continuances
§ 17-8-20. Showing of Due Diligence Required of Applicants for Continuances Generally - In all cases, the party making an application for a...
§ 17-8-21. When Showing for Continuance Required of State - In all cases in which the defendant cannot, according to...
§ 17-8-22. Consideration of Motion for Continuance by Court Generally; Allowance of Counter-Showing to Motion - All applications for continuances are addressed to the sound legal...
§ 17-8-23. Absence of Party as Grounds for Granting Continuance - If either party is providentially prevented from attending the trial...
§ 17-8-24. Absence or Illness of Counsel as Grounds for Granting Continuance - The illness or absence, from providential cause, of counsel where...
§ 17-8-25. Absence of Witness as Grounds for Granting Continuance - In all applications for continuances upon the ground of the...
§ 17-8-26. Party or Party’s Attorney in Attendance at General Assembly as Grounds for Granting Continuance - History. Ga. L. 1905, p. 93, § 1; Civil Code...
§ 17-8-27. Attorney General in Attendance at General Assembly as Grounds for Granting Continuance - When any case pending in the courts of this state...
§ 17-8-28. Witness in Attendance at General Assembly as Grounds for Granting Continuance - History. Ga. L. 1905, p. 93, § 3; Civil Code...
§ 17-8-29. Party or Party’s Counsel in Attendance at Meeting of Board of Regents of the University System of Georgia as Grounds for Granting Continuance - Should any member of the Board of Regents of the...
§ 17-8-30. Party 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 - Should any member of the Board of Human Services or...
§ 17-8-31. Party, 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 - This continuance shall toll the running of the demand for...
§ 17-8-32. Effect of Admission by Opposing Party of Facts to Be Proved Upon Allowance of Continuance - No continuance shall be allowed in any court on account...
§ 17-8-33. Granting 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 - History. Laws 1833, Cobb’s 1851 Digest, p. 835; Code 1863,...
§ 17-8-34. Granting of Continuances in Cases Returned by Appellate Court for Trial - When a case is sent back for trial to a...
§ 17-8-35. Effect of Continuance by Defendant Upon Trial of Codefendants - The continuance of a case by one of several defendants...
§ 17-8-36. Entry of Date of Continuance Upon Docket of Court; Announcement of Continuance in Open Court - The judges of the superior, state, and city courts shall,...
§ 17-8-37. Duration of Continuance - When a court grants a continuance of a pending case...
§ 17-8-38. Case Not Reached at Trial Term Continued - A case not reached at the trial term stands over...
Article 3 - Conduct of Proceedings
§ 17-8-50. Courts 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 - The trial of inmates escaping from a state or county...
§ 17-8-51. Admissibility of Testimony of Inmates in Trials for Crime of Mutiny - At the trial of an inmate of a penal institution...
§ 17-8-52. Oath to Be Administered to Witnesses - Do you solemnly swear or affirm that the evidence you...
§ 17-8-53. Exclusion of Public From Courtroom When Evidence Vulgar or Obscene - During a trial in a court of any case in...
§ 17-8-54. Persons in Courtroom When Person Under Age of 16 Testifies Concerning Sexual Offense - In the trial of any criminal case, when any person...
§ 17-8-55. Testimony of Child Less Than 17 Years Old Outside Physical Presence of Accused - History. Code 1981, § 17-8-55 , enacted by Ga. L....
§ 17-8-56. Writing Out and Reading of Charge to Jury; Filing of Charge; Furnishing of Copies of Charge - History. Ga. L. 1860, p. 42, §§ 1, 2; Code...
§ 17-8-57. Expression or Intimation of Opinion by Judge as to Matters Proved or Guilt of Accused - History. Laws 1850, Cobb’s 1851 Digest, p. 462.; Code 1863,...
§ 17-8-58. Objections to Jury Charges Prior to the Jury Retiring to Deliberate; Failure to Raise Objections - History. Code 1981, § 17-8-58 , enacted by Ga. L....
Article 4 - Conduct and Argument of Counsel
§ 17-8-70. Number of Counsel Permitted to Argue Case - Not more than two counsel shall be permitted to argue...
§ 17-8-71. Order of Argument After Evidence Presented - After the evidence is closed on both sides, the prosecuting...
§ 17-8-72. Misdemeanors and Cases Arising From Inferior Judicatories; Time Limits on Closing Argument - In all misdemeanor cases and cases brought up from inferior...
§ 17-8-73. Noncapital and Capital Felony Cases; Time Limits on Closing Argument - In felony cases other than those involving capital felonies, counsel...
§ 17-8-74. Allowance of Additional Time for Closing Argument - If, before argument begins, counsel on either side applies to...
§ 17-8-75. Improper Statements by Counsel - Where counsel in the hearing of the jury make statements...
§ 17-8-76. Argument to or in Front of Jury as to Possibility of Clemency - History. Ga. L. 1955, p. 191, §§ 1-3. U.S. Code....