Title 24 — Evidence
0 chapters · 207 sections in this title.
O.C.G.A. § 24-13-1 FAMILY HISTORY
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Hearsay rule exclusion. Family records, §24-8-803. Judgment concerning, §24-8-803. Records of religious organizations, §24-8-803. Reputation concerning personal or family history, §24-8-803. FAMILY PORTRAITS. Family record hearsay exclusion. Inscriptions, §24-8-803. FAMILY RECORD…
O.C.G.A. § 24-13-110 Short title
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This article shall be known and may be cited as the “Uniform Interstate Depositions and Discovery Act.” History. Code 1981, § 24-13-110, enacted by Ga. L. 2012, p. 651, § 2-1/HB 46. 24-13-111. Definitions.
O.C.G.A. § 24-13-111 Definitions
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As used in this article, the term: (1) “Foreign jurisdiction” means a state other than this state. (2) “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction. (3) “Person” means an individual, corporation, business trust, estate,…
O.C.G.A. § 24-13-112 Requirements for issuance of foreign subpoenas; application
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(a) To request issuance of a subpoena under this Code section, a party shall submit a foreign subpoena to the clerk of superior court of the county in which the person receiving the subpoena resides. A request for the issuance of a subpoena under this Code section shall not const…
O.C.G.A. § 24-13-113 Compelling foreign witness to appear and testify
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(a) For purposes of this Code section, the term “subpoena” shall have only the meaning set forth in subparagraph (A) of paragraph (5) of Code Section 24-13-111. (b) In addition to the mechanism for issuing subpoenas provided for in Code Section 24-13-112, whenever any mandate, wr…
O.C.G.A. § 24-13-114 Service of foreign subpoena
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A subpoena issued by the clerk of superior court under Code Section 24-13-112 or 24-13-113 shall be served in compliance with Code Section 24-13-23 and shall be served within a reasonable time prior to the appearance required by such subpoena. History. Code 1981, § 24-13-114, ena…
O.C.G.A. § 24-13-116 Short title, §24-13-110
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UNITED STATES. Agriculture department. Evidence. Inspection certificates, §24-14-46. Laws. Judicial notice, §24-2-220. UNIVERSITIES AND COLLEGES. Confidentiality of information. Raw research data, §24-12-2. Research. Confidential raw research data, §24-12-2. URNS.
O.C.G.A. § 24-13-130 Time and place, §24-13-131
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Objections to interrogation. Judge to rule on, §24-13-133. Objections to receiving into evidence, §24-13-136. Only part of deposition offered in evidence, §24-13-135. Oral or written questions, §24-13-138. Physicians. Taking testimony in child molestation or abuse cases, §24-13-1…
O.C.G.A. § 24-13-131 Notice of deposition; presence of defendant at examination; child witness
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(a) The party at whose instance a deposition is to be taken shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. (b) On motion of a party upon whom the notic…
O.C.G.A. § 24-13-132 Appointment of counsel; payment of costs and expenses
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(a) If an accused is financially unable to employ counsel, the court shall appoint counsel as provided in Chapter 12 of Title 17, unless the accused elects to proceed without counsel. (b) Whenever a deposition is taken at the instance of the state, the cost of any such deposition …
O.C.G.A. § 24-13-133 Manner of taking and filing deposition
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Except as provided in Code Section 24-13-137, a deposition shall be taken and filed in the manner provided in civil proceedings or any nonjury motion hearing, provided that (1) in no event shall a deposition be taken of an accused party without his or her consent and (2) the scope…
O.C.G.A. § 24-13-135 Admissibility and use of deposition
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At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if the witness is unavailable. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the…
O.C.G.A. § 24-13-136 Objections to admission of deposition
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Objections to receiving in evidence a deposition or part thereof may be made as provided in civil proceedings. History. Code 1981, § 24-13-136, enacted by Ga. L. 2011, p. 99, § 2/HB 24. 24-13-137. Recordation of deposition.
O.C.G.A. § 24-13-137 Recordation of deposition
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(a) Any party shall have the right to require that the deposition be recorded and preserved by the use of audio-visual equipment in addition to a stenographic record. The audio-visual recording shall be 531 24-13-139 transmitted to the clerk of the court which ordered the deposit…
O.C.G.A. § 24-13-138 Physicians
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Taking testimony in child molestation or abuse cases, §24-13-130. Presence of accused at examination, right, §24-13-131. Production of accused for examination, §24-13-131. Scope of examination, §24-13-133. Statements by accused. Making available, duty of state or accused, §24-13-…
O.C.G.A. § 24-13-139 Depositions taken only in exceptional circumstances; misuse of procedures
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It is the intent of the General Assembly that depositions shall be taken in criminal proceedings only in exceptional circumstances when it is in the interests of justice that the testimony of a prospective witness be taken and preserved for use at trial. If the court finds that an…
O.C.G.A. § 24-13-150 Proceedings to perpetuate testimony
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Superior courts may entertain proceedings for the perpetuation of testimony in all proceedings in which the fact to which the testimony relates cannot immediately be made the subject of investigation at law and in which, for any cause, the common-law proceeding authorized under t…
O.C.G.A. § 24-13-151 Inadequacy of usual proceeding to be shown
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A petition for discovery merely or to perpetuate testimony shall not be sustained unless some reason is shown why the usual proceeding at law is inadequate. History. Code 1981, § 24-13-151, enacted by Ga. L. 2011, p. 99, § 2/HB 24.
O.C.G.A. § 24-13-153 Use of testimony
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Testimony taken in the proceedings contemplated under Code Section 24-13-150 shall be used only from the necessity of the case, but in such case may be used against all persons, whether parties to the proceeding or not. History. Code 1981, § 24-13-153, enacted by Ga. L. 2011, p. …
O.C.G.A. § 24-13-154 Costs of proceedings
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The complainant shall in all cases be taxed with the costs of proceedings to perpetuate testimony. 534 History. Code 1981, § 24-13-154, enacted by Ga. L. 2011, p. 99, § 2/HB 24. 535 24-13-154 T.24, C.14 T.24, C.14 EVIDENCE CHAPTER 14 PROOF GENERALLY Article 1 Sec. 24-14-23. Gener…
O.C.G.A. § 24-13-2 Double fees prohibited, §24-13-3
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Excessive claim, §24-13-4. Forfeiture. Causing continuance, absence from trial, §24-13-3. Unjustly claimed fees, §24-13-4. Law enforcement officers required to attend as witness, §24-13-28. Procedure for claiming, §24-13-2. Securing attendance of witnesses from without state. Mil…
O.C.G.A. § 24-13-20 Applicability
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This article shall apply to all civil proceedings and, insofar as consistent with the Constitution, to all criminal proceedings. History. Code 1981, § 24-13-20, enacted by Ga. L. 2011, p. 99, § 2/HB 24.
O.C.G.A. § 24-13-21 Issuance of subpoena; form; punishment for misuse
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(a) As used in this Code section, the term “subpoena” includes a witness subpoena and a subpoena for the production of evidence. (b) A subpoena shall state the name of the court, the name of the clerk, and the title of the proceeding and shall command each person to whom it is di…
O.C.G.A. § 24-13-22 Issuance of subpoena requiring attendance; service
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At the request of any party, subpoenas for attendance at a hearing or trial shall be issued under the authority of the clerk of the court in which the hearing or trial is held. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place withi…
O.C.G.A. § 24-13-23 Reasonable time
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Service within, §24-13-26. Registered or certified mail. Service by, §24-13-24. Secondary evidence. Admissible, evidence unsuccessfully sought, §24-13-26. Service, §24-13-24. Notice to produce in lieu of subpoena, §24-13-27. Reasonable time, §24-13-26. Witness subpoena, §24-13-22.…
O.C.G.A. § 24-13-24 Service of subpoenas
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A subpoena may be served by any sheriff, by his or her deputy, or by 488 24-13-24 any other person not less than 18 years of age. Proof may be shown by return or certificate endorsed on a copy of the subpoena. Subpoenas may also be served by registered or certified mail or statutor…
O.C.G.A. § 24-13-25 Fees and mileage; when tender required
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Except as provided in Code Section 24-13-28, the witness fee shall be $25.00 per diem, and execution shall be issued by the clerk upon affidavit of the witness to enforce payment thereof. The payment of witness fees shall not be demanded as a condition precedent to attendance; bu…
O.C.G.A. § 24-13-26 Sexual assault offense
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Prior offense committed by accused, §24-4-413. Civil or administrative proceedings, §24-4-415. Admissions, §§24-8-820 to 24-8-826. Allegations or admissions made in pleadings, §24-8-821. Child under 16 years describing act of sexual contact or physical abuse. Admissibility of sta…
O.C.G.A. § 24-13-27 Notice to produce
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Where a party desires to compel production of evidence in the possession, custody, or control of another party, in lieu of serving a subpoena under this article, the party desiring the production may serve a notice to produce upon counsel for the other party. Service may be perfe…
O.C.G.A. § 24-13-28 Witness fees for law enforcement officers
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(a) As used in this Code section, the term: (1) “Director” means the appropriate chief of police, sheriff, director of public safety of a college or university, local fire chief, director of the Georgia Bureau of Investigation, the commanding officer of the Georgia State Patrol, t…
O.C.G.A. § 24-13-29 Applicability
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Issuance of subpoena; form; punishment for misuse. Issuance of subpoena requiring attendance; service. Subpoena for production of documentary evidence; motion to quash or modify. Service of subpoenas. Fees and mileage; when tender required. Enforcement of subpoenas; continuance; …
O.C.G.A. § 24-13-3 Both parties in same proceeding
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Receipt prohibited, §24-13-3. Continuance. Claim or receipt prohibited, §24-13-2. 887 INDEX WITNESSES —Cont’d Fees —Cont’d Continuance —Cont’d Due to witness’ absence. No fees, §24-13-3. Date witness attended. Indicated on claim for fees, §24-13-2. Double fee prohibited, §24-13-3…
O.C.G.A. § 24-13-4 Penalty for excessive witness fee claim
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A witness who claims more than is due to such witness shall forfeit all witness fees and shall pay to the injured party, in addition thereto, four times the amount so unjustly claimed. History. Code 1981, § 24-13-4, enacted by Ga. L. 2011, p. 99, § 2/HB 24.
O.C.G.A. § 24-13-5 Production of evidence when item not available; oath
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When any person is served with a subpoena for the production of evidence or a notice to produce, seeking books in his or her possession to be used as testimony on the trial of any cause, if the person makes oath that he or she cannot produce the books required without suffering a…
O.C.G.A. § 24-13-60 Immunity from prosecution
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Court requiring testimony or production of evidence, §24-5-507. Prisoners needed as witnesses or to stand trial, §§24-13-60 to 24-13-62. Privileged communications generally, §§24-5-501 to 24-5-510. Securing attendance of witnesses from without state, §§24-13-90 to 24-13-97. Appli…
O.C.G.A. § 24-13-61 Prisoner under death sentence
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Interview of witness by requesting party, §24-13-60. Motion for writ of habeas corpus ad testificandum by requesting party, §24-13-60. Securing attendance of witness from without state, §§24-13-93, 24-13-95. Privileged communications, §§24-5-501 to 24-5-510. Qualifications to be wi…
O.C.G.A. § 24-13-7 Estoppel
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Ancient deeds. Admissibility, §24-14-26. Recitals, §24-14-26. Evidence. Estoppel. Ancient deeds. Admissibility, §24-14-26. Recitals, §24-14-26. Hearsay rule exclusion. Records or documents affecting interest in property, §24-8-803. Mistake. Parol evidence to prove, §24-3-7. Withd…
O.C.G.A. § 24-13-90 Short title
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This article shall be known and may be cited as “The Uniform Act to Secure the Attendance of Witnesses from Without the State.” History. Code 1981, § 24-13-90, enacted by Ga. L. 2011, p. 99, § 2/HB 24.
O.C.G.A. § 24-13-91 Definitions
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As used in this article, the term: (1) “Penal institution” means a jail, prison, penitentiary, house of correction, or other place of penal detention. (2) “State” means any state or territory of the United States and the District of Columbia. (3) “Summons” means a subpoena, order…
O.C.G.A. § 24-13-95 PRISON TERMS
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Subpoenas. Enforcement, §24-13-26. Misuse, §24-13-21. PRIVACY. Privileges and privileged communications generally, §§24-5-501 to 24-5-510. PRIVILEGE AGAINST SELF-INCRIMINATION. Accused, §24-5-506. No presumption, no comment on failure to testify, §24-5-506. Immunity from prosecut…
O.C.G.A. § 24-13-96 ASSAULT
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Aggravated assault. Child under fourteen years of age. Assault with attempt to commit rape against. Rape shield law, §24-4-412. Assault with intent to commit rape. Rape shield law, §24-4-412. Sexual assault. Commission of another offense of sexual assault. Evidence, §24-4-413. Ci…
O.C.G.A. § 24-13-97 Construction
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This article shall be interpreted and construed so as to effectuate its general purpose to make uniform the laws of the states which enact it and shall be applicable only to such states as shall enact reciprocal powers to this state relative to the matter of securing attendance o…