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jennlyn46 · Oct 21, 2013, 04:25 PM

Hello. I'm a new registrar to this site and very interested in finding out if someone can assist me with the process to file a motion for the discovery (cruiser video footage) taken as evidence of my son failing to come to a complete stop. I've performed plenty of online searches, but am apparently not using the correct wording. I do know I must file it in writing, but have not found a form or format detail for the state court system in Houston County, GA. Thank you.

AK lawyer · Oct 21, 2013, 04:42 PM

Review Rules 5 & 6 of these court rules.

Essentially how discovery works, in Georgia and elsewhere, is you serve the other party (or his/her/its lawyer if there is one) with formal discovery request(s). Only if that party doesn't respond to your satisfaction is it necessary to file a motion.

jennlyn46 · Oct 22, 2013, 06:48 PM

Much appreciation for the site. I reviewed the data, yet am still at a loss for any specific verbiage or format of the 'formal discovery request'. Our court date is fast approaching (Nov. 5) and I'm concerned not only about not having the time to submit the request and receive a timely response, but also the actual process to present our discovery for support. For instance, do I first give a copy of the evidence to the prosecuting attorney, or to the judge? It's a bench trial. Any input on these specifics?

AK lawyer · Oct 22, 2013, 08:14 PM

Oh, I'm sorry. I didn't realize that it's a criminal matter, not civil.

But it's basically the same.

First, if your son is the defendant, and he doesn't have an attorney, he will have to make the request, not you. He should send a written request to the prosecutor, reciting that he requests copies of all video footage of the incident which the state has in it's possession or control, as well as information identifying the location of any other such evidence of which the officer(s) have any information.

If they fail to do so at the time of the trial, he would move to dismiss on the basis that they failed to supply the information as requested.
If they do produce it, what do you mean who you give it to first? The proper courtroom procedure for introducing evidence? Your son will offer it in evidence and the judge will rule as to its admissability.