Title 24 — Evidence
0 chapters · 207 sections in this title.
O.C.G.A. § 24-8-801 Definitions
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As used in this chapter, the term: (a) “Statement” means: (1) An oral or written assertion; or (2) Nonverbal conduct of a person, if it is intended by the person as an assertion. (b) “Declarant” means a person who makes a statement. 12 24-8-801 (c) “Hearsay” means a statement, ot…
O.C.G.A. § 24-8-802 Hearsay rule
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Hearsay shall not be admissible except as provided by this article; provided, however, that if a party does not properly object to hearsay, the objection shall be deemed waived, and the hearsay evidence shall be legal evidence and admissible. History. Code 1981, § 24-8-802, enact…
O.C.G.A. § 24-8-803 Hearsay rule exceptions; availability of declarant immaterial
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The following shall not be excluded by the hearsay rule, even though the declarant is available as a witness: (1) Present sense impression. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition or immediately the…
O.C.G.A. § 24-8-804 Hearsay rule exceptions; declarant unavailable
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(a) As used in this Code section, the term “unavailable as a witness” includes situations in which the declarant: (1) Is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the declarant’s statement; (2) Persists in refusing…
O.C.G.A. § 24-8-805 HIGHWAYS, ROADS AND STREETS
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Highway emergency response operators. Peer counselors, privileged communications, §24-5-510. 853 INDEX HISTORY. Hearsay rule exclusions, §24-8-803. HOME ADDRESS. Evidence. Law enforcement officer’s or nonsworn law enforcement agency employee’s address. Privilege, exception, §24-5…
O.C.G.A. § 24-8-806 Attacking and supporting credibility of a declarant
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When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked and, if attacked, may be supported by any evidence which would be admissible for those purposes if the declarant had testified as a witness. Evidence of a statement or conduct …
O.C.G.A. § 24-8-807 Residual exception
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A statement not specifically covered by any law but having equivalent circumstantial guarantees of trustworthiness shall not be excluded by the hearsay rule, if the court determines that: (1) The statement is offered as evidence of a material fact; (2) The statement is more probat…
O.C.G.A. § 24-8-820 Shaum v
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State, 355 Ga. App. 513, 844 S.E.2d 863, 2020 Ga. App. LEXIS 343 (2020). Procedure employed by court satisfactory. — When the trial court ultimately found a child victim’s statements reliable and admitted the statements, and obviously would have done the same following a separate…
O.C.G.A. § 24-8-821 Admissions in pleadings
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Without offering the same in evidence, either party may avail himself or herself of allegations or admissions made in the pleadings of the other. History. Code 1981, § 24-8-821, enacted by Ga. L. 2011, p. 99, § 2/HB 24. History of Section. Former Code Section 24-3-30, which conta…
O.C.G.A. § 24-8-822 Right to have whole conversation heard
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When an admission is given in evidence by one party, it shall be the right of the other party to have the whole admission and all the conversation connected therewith admitted into evidence. History. Code 1981, § 24-8-822, enacted by Ga. L. 2011, p. 99, § 2/HB 24.
O.C.G.A. § 24-8-824 Confidential information
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Library records, §24-12-30. Medical information, §24-12-1. AIDS confidential information, §§24-12-20, 24-12-21. Disclosure of confidential or privileged medical matter, §§24-12-10 to 24-12-14. Raw research data, §24-12-2. Veterinarian’s care of animal, §24-12-31. Confusion of issue…
O.C.G.A. § 24-8-826 Medical reports in narrative form
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(a) Upon the trial of any civil proceeding involving injury or disease, any medical report in narrative form which has been signed and dated 327 24-8-826 by an examining or treating licensed physician, dentist, orthodontist, podiatrist, physical or occupational therapist, doctor …