GA · rules
Ga. Unif. Super. Ct. R. 31.6
Notice of Intention of Defense to Present Evidence of Acts of Violence by the Victim
(A) The defense may upon notice filed in accordance with Rule 31.1, claim justification and
present during the trial of the pending case evidence of relevant specific acts of violence by the
victim against third persons.
(B) The notice shall be in writing, served upon the state’s counsel, and shall state the act of
violence, date, county and the name, address and telephone number of the person for each
specific act of violence sought to be introduced. The judge shall hold a hearing at such time as
may be appropriate and may receive evidence on any issue of fact necessary to determine the
request, out of the presence of the jury. The burden of proving that the evidence of specific acts
of violence by the victim should be admitted shall be upon the defendant. The defendant may
present during the trial evidence of only those specific acts of violence by the victim specifically
approved by the judge.
(C) Notice of the state’s intention to introduce evidence in rebuttal of the defendant’s evidence of
the victim’s acts of violence and of the nature of such evidence, together with the name, address
and telephone number of any witness to be called for such rebuttal, shall be given defendant’s
counsel and filed within five days before trial unless the time is shortened or lengthened by the
judge.
History
Amended effective December 30, 1993; amended November 4, 1999, effective December 16, 1999.
Provenance
- Source
- georgiasuperiorcourts.org
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
0f24c46bb3ffe18da576b226653899cf55bba9977de41b373da7cb2aeb6b728b
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