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. Unless otherwise provided by law, notice of the state’s intention to introduce child victim hearsay statements, notice of the defense’s intention to raise the issue of insanity, mental illness, or intellectual disability by using expert or non-expert evidence, or the defense’s intention to introduce evidence of specific acts of violence by the victim against third persons, shall be given and filed at least 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 31.1.Time for Filing; Requirements
Rule 31. MOTIONS, DEMURRERS, SPECIAL PLEAS, AND SIMILAR ITEMS IN CRIMINAL MATTERS · Last amended 2017 · Last verified July 17, 2026
In one sentenceRule 31.1 requires motions, demurrers, and special pleas to be filed by the time set by law unless a judge extends the deadline in writing before trial, and sets a default 10-day-before-trial deadline for specific notices — child victim hearsay, insanity or intellectual disability defenses, and victim violence evidence — unless the judge shortens or lengthens it.
Full Text of Rule 31.1
Plain-English Summary
Rule 31.1 is the traffic law for pretrial paperwork in a criminal case. Motions, demurrers, and special pleas have to be filed by whatever deadline the law already sets, and that deadline only moves if the judge extends it in writing before trial.
Several specific notices get their own default timeline: the state’s notice that it intends to use child victim hearsay statements, the defense’s notice that it will raise insanity, mental illness, or intellectual disability through expert or non-expert evidence, and the defense’s notice that it will introduce specific acts of violence by the victim against third persons. Each of these has to be filed at least 10 days before trial, unless the judge shortens or lengthens that window.
By pointing forward to “the following procedures,” Rule 31.1 sets the frame for the rest of Rule 31 — the later rules on hearing times, competency evaluations, insanity notices, and victim-violence evidence all build on the filing deadlines this rule establishes.
Frequently Asked Questions
When must motions, demurrers, and special pleas be filed?
At or before the time set by law, unless the judge extends that time in writing prior to trial.
What is the default deadline for notice of child victim hearsay statements?
At least 10 days before trial, unless the judge shortens or lengthens the time.
What is the default deadline for a defense notice raising insanity, mental illness, or intellectual disability?
At least 10 days before trial, unless the judge shortens or lengthens the time.
What is the default deadline for defense notice of victim violence evidence?
At least 10 days before trial, unless the judge shortens or lengthens the time.
Can a judge change these filing deadlines?
Yes. The judge may extend the general filing deadline in writing prior to trial and may shorten or lengthen the 10-day notice deadlines.
Amendment History
Amended effective December 30, 1993; amended November 4, 1999, effective December 16, 1999; amended effective August 12, 2004; amended effective November 28, 2013; amended effective June 4, 2015; amended effective July 13, 2017.
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
Also known as: criminal motion filing deadline GeorgiaUSCR Rule 31.1notice of insanity defense deadlinechild hearsay notice deadline Georgia10 day notice rule criminal trial