The district attorney shall notify the chief judge in writing of the name of any unindicted accused who has been in custody under criminal felony charges for 45 days within 2 business days after said 45-day period has run. The chief judge may take any action deemed necessary or appropriate under the circumstances.
Rule 26.3.Delayed Indictments
Rule 26. PRE-INDICTMENT PROCEEDINGS · Not amended since adoption on record · Last verified July 17, 2026
In one sentenceRule 26.3 requires the district attorney to notify the chief judge in writing, within two business days after the deadline, whenever an accused has sat in custody on felony charges for 45 days without being indicted, giving the chief judge authority to take whatever action the situation requires.
Full Text of Rule 26.3
Plain-English Summary
Rule 26.3 works as a check against defendants languishing in jail without formal charges. Once someone accused of a felony has been in custody for 45 days without an indictment, the district attorney has to tell the chief judge in writing — and has to do it within two business days after that 45-day mark passes.
The rule leaves the response to the chief judge’s judgment rather than dictating a specific remedy. Once notified, the chief judge may take whatever action the circumstances call for, which gives the court a mechanism to press for a timely indictment or otherwise address the delay.
Frequently Asked Questions
After how many days in custody without indictment must the district attorney notify the chief judge?
45 days.
How quickly must the district attorney give that notice once the 45-day period has run?
Within 2 business days after the 45-day period has run.
Must the notice to the chief judge be in writing?
Yes, the rule requires the district attorney to notify the chief judge in writing.
What can the chief judge do after receiving notice of a delayed indictment?
The chief judge may take any action deemed necessary or appropriate under the circumstances.
Does Rule 26.3 apply to misdemeanor charges?
No, the rule applies to an unindicted accused who has been in custody under criminal felony charges.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
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