Motion to Compel Discovery; Limitations; Sanctions
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Law
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Georgia Code
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Courts
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Juvenile Code
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Delinquency
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Preadjudication Procedures
- Motion to Compel Discovery; Limitations; Sanctions
- If a request for discovery is refused, application may be made to the court for a written order granting discovery.
- Motions to compel discovery shall certify that a request for discovery was made and was refused.
- An order granting discovery shall require reciprocal discovery.
- The court may deny, in whole or in part, or otherwise limit or set conditions concerning discovery upon sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would:
- Jeopardize the safety of a party, witness, or confidential informant;
- Create a substantial threat of physical or economic harm to a witness or other person;
- Endanger the existence of physical evidence;
- Disclose privileged information; or
- Impede the criminal prosecution of a child who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence.
(Code 1981, §15-11-542, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)
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