Notwithstanding the provisions of Code Section 9-11-34, in any civil action based upon evidence seized in a criminal proceeding involving any violation of Part 2 of Article 3 of Chapter 12 of Title 16, a party shall not be permitted to copy any books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof.
§ 9-11-34.1.Civil actions for evidence seized in criminal proceedings
Chapter 11. Civil Practice Act · Article 5. Depositions and Discovery · Last amended 2008 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-11-34.1 overrides the general document-production rule and bars a party from copying books, papers, documents, photographs, tangible objects, or audio and visual recordings — or copies of any of them — in a civil action based on evidence seized during a criminal proceeding for the offenses cross-referenced in the statute.
Full Text of § 9-11-34.1
Plain-English Summary
This short section carves a narrow exception out of the ordinary production rule in Code Section 9-11-34. When a civil case is built on evidence that law enforcement seized during a criminal proceeding for the offenses the statute cross-references, a party can still see and use that seized material in the litigation, but the statute bars copying it — or copying any copies of it that already exist.
The purpose is containment. Some seized evidence is itself unlawful to possess or redistribute, and letting civil litigants freely duplicate it during discovery would undercut the point of the criminal seizure in the first place. The statute lets the underlying material inform the civil case without multiplying the number of copies of it in circulation.
Frequently Asked Questions
What does O.C.G.A. § 9-11-34.1 restrict?
Copying books, papers, documents, photographs, tangible objects, or audio and visual tapes, films, and recordings that were seized in a related criminal proceeding, or copying any copies or portions of them.
Does this section stop a party from seeing the evidence at all?
No. The text bars copying specifically; it doesn’t state that inspecting or otherwise using the original seized material in the civil case is prohibited.
What kind of criminal cases trigger this restriction?
A civil action based on evidence seized in a criminal proceeding involving a violation of the offenses cross-referenced under Part 2 of Article 3 of Chapter 12 of Title 16.
How does this section relate to O.C.G.A. § 9-11-34?
It applies “notwithstanding” that section, overriding the normal document-production and copying rules for this narrow category of seized evidence.
Why would Georgia law limit copying of evidence used in a civil lawsuit?
To keep material seized because it was unlawful to possess from being duplicated and further circulated through the civil discovery process.
Amendment History
Code 1981, § 9-11-34.1, enacted by Ga. L. 2008, p. 829, § 1/HB 1020.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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