Section 17-16-1 – Definitions

May 11, 2021 | Criminal Procedure, Georgia

As used in this chapter, the term:

(1) “Possession, custody, or control of the state or prosecution” means an item which is within the possession, custody, or control of the prosecuting attorney or any law enforcement agency involved in the investigation of the case being prosecuted.
(2) “Statement of a witness” means:

(A) A written or recorded statement, or copies thereof, made by the witness that is signed or otherwise adopted or approved by the witness;
(B) A substantially verbatim recital of an oral statement made by the witness that is recorded contemporaneously with the making of the oral statement and is contained in a stenographic, mechanical, electrical, or other recording or a transcription thereof; or
(C) A summary of the substance of a statement made by a witness contained in a memorandum, report, or other type of written document but does not include notes or summaries made by counsel.
(3) “Witness” does not include the defendant.

OCGA ยง 17-16-1