Georgia Judicial Branch :: Uniform Superior Court Rules

Rule 31. Motions, demurrers, special pleas, and similar items in criminal matters.

Rule 31.1. Time for filing.

Rule 31.2. Time for hearing.

Rule 31.3. Notice of prosecutions intent to present evidence of similar transactions.

Rule 31.4. Notice of intention of defense to raise issue of insanity, mental illness or mental competency.

Rule 31.5. Motions and orders for mental examination at public expense.

Rule 31.6. Notice of intention of defense to present evidence of acts of violence by the victim.

Rule 31.1. Time for filing.

All motions, demurrers, and special pleas shall be made and filed at or before the time set by law unless time therefor is extended by the judge in writing prior to trial. Notices of the states intention to present evidence of similar transactions or occurrences and notices of the intention of the defense to raise the issue of insanity or mental illness, or the intention of the defense to introduce evidence of specific acts of violence by the victim against third persons, shall be given and filed at least ten [10] days before trial unless the time is shortened or lengthened by the judge. Such filing shall be in accordance with the following procedures.

Rule 31.2. Time for hearing.

All such motions, demurrers, special pleas and notices shall be heard and considered at such time, date, and place as set by the judge. Generally, such will be heard at or after the time of arraignment and prior to the time at which such case is scheduled for trial.

Rule 31.3. Notice of prosecutions intent to present evidence of similar transactions.

(A) The prosecution may, upon notice filed in accordance with section 31.1 of these rules, request of the court in which the accusation or indictment is pending leave to present during the trial of the pending case evidence of similar transactions or occurrences.

(B) The notice shall be in writing, served upon the defendants counsel, and shall state the transaction, date, county, and the name(s) of the victim(s) for each similar transaction or occurrence sought to be introduced. Copies of accusations or indictments, if any, and guilty pleas or verdicts, if any; shall be attached to the notice. 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 similar transactions or occurrences should be admitted shall be upon the prosecution. The state may present during the trial evidence of only those similar transactions or occurrences specifically approved by the judge.

(C) Evidence of similar transactions or occurrences not approved shall be inadmissible. In every case, the prosecuting attorney and defense attorney shall instruct their witnesses not to refer to similar crimes, transactions or occurrences, or otherwise place the defendants character in issue, unless specifically authorized by the judge.

(D) If upon the trial of the case the defense places the defendants character in issue, evidence of similar transactions or occurrences, as shall be admissible according to the rules of evidence, shall be admissible, the above provisions notwithstanding.

(E) Nothing in this rule is intended to prohibit the state from introducing evidence of similar transactions or occurrences which are lesser included alleged offenses of the charge being tried, or are immediately related in time and place to the charge being tried, as part of a single, continuous transaction. Nothing in this rule is intended to alter the rules of evidence relating to impeachment of witnesses.

(F) This rule shall not apply to sentencing hearings.

Rule 31.4 Motion and Order for Evaluation Regarding Mental Incompetency to Stand Trial

(A) In pending superior court cases, except in proceedings for involuntary treatment under OCGA Title 37, or proceedings for the appointment of a guardian under Title 29, where the mental competency of an accused is brought into question, the judge may, upon a proper showing, exercise discretion and require a mental evaluation at public expense. A motion for mental evaluation may be filed in writing, setting out allegations and grounds for such motion, praying for a court-ordered evaluation. The judge may enter an order requiring a mental evaluation of the defendant for the purposes of evaluating competency to stand trial. The judge may direct the Department of Human Resources to perform the evaluation at a time and place to be set by the department in cooperation with the county sheriff. A copy of the order shall be forwarded to the department accompanied by a copy of the indictment, accusation or specification of charges, a copy of the police arrest report, where available, and a brief summary of any known or alleged previous mental health treatment or hospitalization involving this particular person. Any other background information available to the court shall also be forwarded to the evaluating department to assist in performing adequately the requested services. Unless otherwise ordered by the court the department shall submit its report to the requesting judge, the defendant’s attorney and the prosecuting attorney.

(B) Upon the filing of a Plea of Mental Incompetency to Stand Trial, the judge shall determine from the prosecuting attorney and the defense attorney whether a specially empaneled jury is required to determine the issue of mental incompetency to stand trial ahead of the trial of the case on the merits.

(C) Copies of suggested orders are attached as Specimen Order for Mental Evaluation Re: Competency to Stand Trial, and Specimen Judgment and Order of the Court on the Defendant’s Plea of Mental Incompetency to Stand Trial. IN THE SUPERIOR COURT OF ___________ COUNTY
STATE OF GEORGIA

THE STATE OF GEORGIA INDICTMENT NO.
V._____________________ CHARGE(S):

ORDER FOR MENTAL EVALUATION
re: COMPETENCY TO STAND TRIAL

WHEREAS the mental competency to stand trial of the above defendant has been called into question, and evidence presented in the matter, and this court has found that it is appropriate for evaluation to be conducted at public expense;

IT IS HEREBY ORDERED that the Department of Human Resources conduct an evaluation of said defendant, provide treatment of the defendant, if appropriate, and provide to this court, a report of diagnosis, prognosis and its findings, with respect to:

Competency to Stand Trial. Whether the accused is capable of understanding the nature and object of the proceedings; whether the accused comprehends his or her own condition in reference to such proceedings; and, whether the accused is capable of rendering to counsel assistance in providing a proper defense.

IT IS FURTHER ORDERED that the department arrange with the county sheriff, or the sheriff’s lawful deputies, for the prompt evaluation of said defendant, either at the county jail or at a designated hospital, with transportation of the defendant to be provided by the sheriff, where necessary, with transportation costs to be borne by the county. Upon completion of the evaluation, the evaluating facility shall notify the sheriff, who shall promptly reassume custody of the defendant. Unless otherwise ordered by the court the department shall submit its report to the requesting judge, the defendant’s attorney and the prosecuting attorney.

Observed behaviors that led to this request are:_________________________________
___________________________________________________________________________
___________________________________________________________________________

Copies of documents supporting this request are attached hereto, as follows:
( ) Indictment/Accusation
( ) Summary of previous mental health treatment and prior mental health records
( ) Copy of arrest report
( ) Other ______________________________________________

So ordered, this the ______ day of ______, 20__.

_____________________________
JUDGE, SUPERIOR COURT
_____________________________
JUDICIAL CIRCUIT, GEORGIA

SPECIMEN ORDER FOR MENTAL EVALUATION RE: COMPETENCY TO STAND TRIAL IN THE SUPERIOR COURT OF ___________ COUNTY
STATE OF GEORGIA

THE STATE OF GEORGIA INDICTMENT NO.
V._____________________ CHARGE(S):

JUDGMENT AND ORDER OF THE COURT
ON THE DEFENDANT’S PLEA OF
MENTAL INCOMPETENCY TO STAND TRIAL

The above stated case came on regularly before the undersigned for trial this date. The defendant was represented by counsel.

After a hearing on defendant’s plea of mental incompetency and due consideration, the plea of Mental Incompetency to Stand Trial is sustained.

IT IS, THEREFORE, THE ORDER of this court that the defendant be now delivered to the sheriff of this County and that the defendant be delivered by the sheriff, or the sheriff’s lawful deputy, to the Department of Human Resources, as provided by OCGA § 17-7-130.

IT IS FURTHER ORDERED that at such time as it is determined that the defendant is capable of understanding the nature and object of the proceedings, comprehends his or her own condition in reference to such proceedings, and is capable of rendering to counsel assistance in providing a proper defense, the defendant be delivered by the Department of Human Resources to the sheriff of this county, or the sheriff’s lawful deputy, with transportation costs to be borne by the county.

IT IS FURTHER ORDERED that, should it be determined in light of present day medical knowledge that recovery of the defendant’s legal mental competency to stand trial is not expected at any time in the foreseeable future, the defendant shall be dealt with by the Department of Human Resources as provided in OCGA § 17-7-130.

SO ORDERED, this the ______ day of ______, 20__.

_____________________________
JUDGE, SUPERIOR COURT
_____________________________
JUDICIAL CIRCUIT, GEORGIA

SPECIMEN ORDER ON THE DEFENDANT’S PLEA OF
MENTAL INCOMPETENCY TO STAND TRIAL

Rule 31.5 Notice of Intention of Defense to Raise Issue of Insanity, Mental Illness or Mental Retardation at the Time of the Act

(A) If, in any criminal proceeding, the defense intends to raise the issue that the defendant or accused was insane, mentally ill or mentally retarded at the time of the act or acts charged against the accused, such intention must be stated, in writing, in a pleading denominated as “Notice of Intent of Defense to Raise Issue of Insanity, Mental Illness or Mental Retardation.” This notice shall be filed and served upon the prosecuting attorney in accordance with section 31.1 of these rules. Upon the filing of such notice, the judge shall determine from the prosecuting attorney and the defense attorney whether such issue requires any further mental examination of the accused or any further non-jury hearing relative to this issue.

Upon defense motion, the judge may enter an order requiring a mental evaluation of the defendant for the purposes of evaluating the degree of criminal responsibility or insanity at the time of the act in question. The judge may direct the Department of Human Resources to perform the evaluation at a time and place to be set by the department in cooperation with the county sheriff. A copy of the order shall be forwarded to the department accompanied by a copy of the indictment, accusation or specification of charges, a copy of the police arrest report, where available, a copy of the defendant’s Notice of Intent to Raise Issue of Insanity if filed, and a brief summary of any known or alleged previous mental health treatment or hospitalization involving this particular person. Any other background information available to the court shall also be forwarded to the evaluating department to assist in performing adequately the requested services. Unless otherwise ordered by the court the department shall submit its report to the requesting judge and the defendant’s attorney. Contemporaneous with filing the Notice of Intent of Defense to Raise Issue of Insanity, defendant’s attorney shall provide a copy of the Report to the prosecuting attorney and shall so certify in writing attached to the Notice of Intent of Defense to Raise Issue of Insanity.

(B) Except for good cause shown, the issue of insanity shall not be raised in the trial on the merits unless notice has been filed and served ahead of trial as provided in these rules.

(C) A copy of a suggested order is attached as Specimen Order for Mental Evaluation re: Degree of Criminal Responsibility or Insanity at the Time of the Act. IN THE SUPERIOR COURT OF ___________ COUNTY
STATE OF GEORGIA

THE STATE OF GEORGIA INDICTMENT NO.
V._____________________ CHARGE(S):

ORDER FOR MENTAL EVALUATION
re: DEGREE OF CRIMINAL RESPONSIBILITY OR INSANITY
AT THE TIME OF THE ACT

WHEREAS, the defendant’s sanity at the time of the act has been called into question, and evidence presented in the matter, and this court has found that it is appropriate for an evaluation to be conducted at public expense;

IT IS HEREBY ORDERED that the Department of Human Resources conduct an evaluation of the defendant, provide treatment of the defendant, if appropriate, and provide to this court a report of diagnosis, prognosis and its findings, with respect to:

Degree of Criminal Responsibility or Insanity at the Time of the Act. Whether or not the accused had the mental capacity to distinguish right from wrong in relation to the alleged act; whether or not the presence of a delusional compulsion overmastered the accused’s will to resist committing the alleged act.

IT IS FURTHER ORDERED that the department arrange with the county sheriff, or the sheriff’s lawful deputies, for the prompt evaluation of said defendant, either at the county jail or at a specified hospital, with transportation costs to be borne by the county. Upon completion of the evaluation, the evaluating facility shall notify the sheriff, who shall promptly reassume custody of the accused. The department shall submit its report to the requesting judge and the defendant’s attorney. Contemporaneous with filing the Notice of Intent of Defense to Raise Issue of Insanity, defendant’s attorney shall provide a copy of the Report to the prosecuting attorney and shall so certify in writing attached to the Notice of Intent of Defense to Raise Issue of Insanity.

So ordered, this the ______ day of ______, 20__.
_____________________________
JUDGE, SUPERIOR COURT
_____________________________
JUDICIAL CIRCUIT, GEORGIA
SPECIMEN ORDER FOR MENTAL EVALUATION RE: DEGREE OF CRIMINAL RESPONSIBILITY OR INSANITY AT THE TIME OF THE ACT

Rule 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 states 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 states intention to introduce evidence in rebuttal of the defendants evidence of the victims 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 defendants counsel and filed within five days before trial unless the time is shortened or lengthened by the judge.