"Similar paper" defined.

- Copies of indictments and appropriate responses to constitutionally and statutorily authorized discovery requests constitute "similar paper" under O.C.G.A. § 17-1-1(a) and, consequently, must be served upon a defendant and not merely furnished to the defendant by notifying the defendant of the presence of the documents in the clerk's office. Driver v. State, 188 Ga. App. 301, 372 S.E.2d 841 (1988).

Timely filing of service.

- There was no authority indicating that untimely filing negated service and notice of the state's witness list in a felony case, especially since service was not disputed. Carter v. State, 253 Ga. App. 795, 560 S.E.2d 697 (2002).

Service by mail.

- When it is undisputed that service of notice is properly made by mail in accordance with the statutory provisions, actual notice is not required, and it is immaterial that the notice was not received. Stubbs v. State, 202 Ga. App. 670, 415 S.E.2d 486 (1992).

Notice under O.C.G.A.

§ 17-10-2 sent to defense attorney held sufficient. - Trial court did not err in imposing a life sentence against the defendant as: (1) the state satisfied the notice requirement under O.C.G.A. § 17-10-2(a) by providing notice to the defendant's attorney; (2) the appeals court presumed that such information was communicated to the defendant; and (3) the defendant failed to contend otherwise. Blevins v. State, 283 Ga. App. 694, 642 S.E.2d 373 (2007).

Service on state by pro se defendant.

- When a pro se defendant filed motions to suppress, those motions which the defendant failed to serve on the state could not be considered, and any order which would have been entered as a result of those motions would have been of no effect. Owens v. State, 258 Ga. App. 647, 575 S.E.2d 14 (2002).

Prosecutorial immunity.

- District attorney's failure to serve arrestee or arrestee's counsel with a copy of a motion and order resulting in the dead-docketing of charges, while not involving the exercise of any prosecutorial discretion or judgment, was intimately associated with the judicial phase of the criminal process, and therefore within the scope of the district attorney's absolute prosecutorial immunity. Holsey v. Hind, 189 Ga. App. 656, 377 S.E.2d 200 (1988).

In a proceeding on an ex parte motion to correct alleged clerical errors in the court's records of defendant's sentence, failure of the defendant to provide the state with notice or the opportunity made the court's order a nullity. Prater v. State, 222 Ga. App. 486, 474 S.E.2d 684 (1996).

Cited in State v. Bostwick, 181 Ga. App. 508, 352 S.E.2d 824 (1987); Devane v. State, 183 Ga. App. 60, 357 S.E.2d 819 (1987); Jones v. State, 185 Ga. App. 649, 366 S.E.2d 144 (1988); Cabell v. State, 250 Ga. App. 530, 551 S.E.2d 386 (2001); Patten v. State, 250 Ga. App. 498, 552 S.E.2d 110 (2001); Collins v. State, 338 Ga. App. 886, 792 S.E.2d 134 (2016); Putnal v. State, 303 Ga. 569, 814 S.E.2d 307 (2018).

ALR.

- Power of private citizen to institute criminal proceedings without authorization or approval by prosecuting attorney, 90 A.L.R.6th 385.