Title 24 — Evidence
0 chapters · 207 sections in this title.
O.C.G.A. § 24-4-402 Objection or motion to strike
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Preserving error, when required, §24-1-103. Other crimes, wrongs or acts, §24-4-404. DUI violation, §24-4-417.
O.C.G.A. § 24-4-403 Dates
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Stern’s United States calendar and Stafford’s office calendar. Admissibility in proof of dates covered, §24-14-43. Deaf and hearing impaired persons. Interpreters, §§24-6-650 to 24-6-658. Deeds. Ancient deeds. Estoppel, §24-14-26. Mistake. Parol evidence to prove, §24-3-7. Recita…
O.C.G.A. § 24-4-404 Methods of proving, §24-4-405
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Specific instances of person’s conduct, §24-4-405. Testimony as to reputation or in form of opinion. Proof made by, §24-4-405. Child molestation. Commission of another offense of child molestation, §24-4-414. Circumstantial evidence. Conviction on circumstantial evidence, §24-14-6…
O.C.G.A. § 24-4-405 Methods of proving character
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(a) In all proceedings in which evidence of character or a trait of character of a person is admissible, proof shall be made by testimony as to reputation or by testimony in the form of an opinion. (b) In proceedings in which character or a trait of character of a person is an es…
O.C.G.A. § 24-4-406 Habit; routine practice
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Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with such ha…
O.C.G.A. § 24-4-407 IN CAMERA
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Past sexual behavior of complaining witness. Procedure for introducing, §24-4-412. INCEST. Commission of another offense of sexual assault. Evidence, §24-4-413. Rape shield law, §24-4-412. INDICTMENTS. Duplicate established. Lost bill of indictment, §24-11-20. Lost bills. Duplica…
O.C.G.A. § 24-4-408 Compromises and offers to compromise
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(a) Except as provided in Code Section 9-11-68, evidence of: (1) Furnishing, offering, or promising to furnish; or (2) Accepting, offering, or promising to accept a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity…
O.C.G.A. § 24-4-409 HOSPITALS
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AIDS confidential information. Disclosure, §§24-12-20, 24-12-21. Billing requirements. Identification of bills for expenses. Evidence, §24-9-921. Confidential or privileged medical information. AIDS confidential information. Disclosure, §§24-12-20, 24-12-21. Confidential raw research …
O.C.G.A. § 24-4-410 Habit or routine practice, §24-4-406
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Health care providers. Statements or conduct expressing regret, apology, sympathy, etc. for unanticipated outcome. Inadmissible, not admission of liability, §24-4-416. Insurance against liability. Inadmissible in proceedings involving claim for damages, exception, §24-4-411. Medi…
O.C.G.A. § 24-4-411 Liability insurance
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In all civil proceedings involving a claim for damages, evidence that a person was or was not insured against liability shall not be admissible except as provided in this Code section. This Code section shall not require the exclusion of evidence of insurance against liability in…
O.C.G.A. § 24-4-412 CAMPUS POLICE
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Witness fees. Officer required to attend court as witness, §24-13-28. CAPTURED. Evidence. Written report or record by United States officers or employees, §24-14-47. CERTIFIED MAIL.
O.C.G.A. § 24-4-413 Evidence of similar transaction crimes in sexual assault cases
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(a) In a criminal proceeding in which the accused is accused of an offense of sexual assault, evidence of the accused’s commission of another offense of sexual assault shall be admissible and may be considered for its bearing on any matter to which it is relevant. (b) In a procee…
O.C.G.A. § 24-4-414 Evidence of similar transaction crimes in child molestation cases
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(a) In a criminal proceeding in which the accused is accused of an offense of child molestation, evidence of the accused’s commission of another offense of child molestation shall be admissible and may be considered for its bearing on any matter to which it is relevant. (b) In a …
O.C.G.A. § 24-4-415 Rape shield law, §24-4-412
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878 INDEX SEXUAL ASSAULT —Cont’d Other crimes. Evidence. Commission of another offense of sexual assault, §24-4-413. Civil or administrative proceedings, §24-4-415. Privileged communications with agents providing services to victim, §24-5-509. Rape shield law, §24-4-412. Victims.…
O.C.G.A. § 24-4-416 Statements of sympathy in medical malpractice cases
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(a) As used in this Code section, the term “health care provider” means any person licensed under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or any hospital, nursing home, home health agency, institution, or medical facility licensed or defined under Ch…
O.C.G.A. § 24-4-417 Sexual assault
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Sexual assault defined, admissibility, procedure, §24-4-413. Civil or administrative proceedings, §24-4-415. Accused testifying upon preliminary matter. Cross-examination upon other proceedings prohibited, §24-1-104. Accused wishing to testify, §24-5-506. Adjudicative facts. Judic…
O.C.G.A. § 24-4-418 Admissibility of criminal gang activity; disclosure
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(a) In a criminal proceeding in which the accused is accused of conducting or participating in criminal gang activity in violation of Code Section 16-15-4, evidence of the accused’s commission of criminal gang activity, as such term is defined in Code Section 16-15-3, shall be adm…
O.C.G.A. § 24-4-419 Admissibility of criminal history record information
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(a) As used in this Code section, the term “criminal history record information” shall have the same meaning as set forth in Code Section 35-3-30. (b) In a civil proceeding against an employer, its employees, or its agents based on the conduct of an employee or former employee, c…
O.C.G.A. § 24-4-6 Kelly v
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State, 212 Ga. App. 278, 442 S.E.2d 462, 1994 Ga. App. LEXIS 239 (1994) (decided under former O.C.G.A. § 24-4-6). Only when evidence is wholly circumstantial is substance of former O.C.G.A. § 24-4-6 required to be given in charge, and when there was direct evidence, as well as ci…
O.C.G.A. § 24-4-8 Collins v
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State, 251 Ga. 521, 307 S.E.2d 496, 1983 Ga. LEXIS 897 (1983) (decided under former O.C.G.A. § 24-4-8). Accomplice is one who acts as result of free will and not of duress or coercion. Milton v. State, 248 Ga. 192, 282 S.E.2d 90, 1981 Ga. LEXIS 955 (1981) (decided under former O.…