Title 24

24-8-821. 24-8-822. scription of sexual contact or physical abuse. Admissions in pleadings. Right to have whole conversation heard. Admissions and confessions received with care; no conviction on uncorroborated confession. Only voluntary confessions admissible. Confessions under …

(a) The requirement of authentication or identification as a condition precedent to admissibility shall be satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims. (b) By way of illustration only, and not by way of limitation, t…

Extrinsic evidence of authenticity as a condition precedent to admissibility shall not be required with respect to the following: (1) A document bearing a seal purporting to be that of the United States or of any state, district, commonwealth, territory, or insular possession the…

The testimony of a subscribing witness shall not be necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing. History. Code 1981, § 24-9-903, enacted by Ga. L. 2011, p. 99, § 2/HB 24. History of Section. For…

As used in this article, the term: (1) “Public office” shall have the same meaning as set forth in Code Section 24-8-801. (2) “Public officer” means any person appointed or elected to be the head of any entity included in paragraph (1) of Code Section 24-9-902. (3) “Telephone ser…

The certificate or attestation of any public officer either of this state or any county thereof or any clerk or keeper of county, consolidated government, or municipal records in this state shall give sufficient validity or authenticity to any copy or transcript of any record, doc…

(a) Upon the trial of any civil proceeding involving injury or disease, the patient or the member of his or her family or other person responsible for the care of the patient shall be a competent witness to identify bills for expenses incurred in the treatment of the patient upon…

(a) As used in this Code section, the term “unavailability of a witness” includes situations in which the authenticating witness: (1) Is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the authentication; (2) Persists in…

State, 248 Ga. App. 35, 545 S.E.2d 169, 2001 Ga. App. LEXIS 165 (2001) (decided under former O.C.G.A. § 24-9-103). Non hearing impaired defendant’s equal protection argument failed when the defendant could not meet the defendant’s burden to show that former O.C.G.A. § 24-9-103 wa…

State, 206 Ga. App. 400, 425 S.E.2d 409, 1992 Ga. App. LEXIS 1648 (1992) (decided under former O.C.G.A. § 24-3-16). Statements about which the friend testified concerning the molestation of the victim by the victim’s stepfather were made when the victim was 13 years old and so wer…

State, 256 Ga. 225, 345 S.E.2d 575, 1986 Ga. LEXIS 754 (1986) (decided under former O.C.G.A. § 24-9-67). Physician’s opinion of “rape.” — Allowing any question and answer of a physician who examined the victim of an alleged rape which would involve the physician’s opinion stated …

Phillips, 280 Ga. App. 280, 633 S.E.2d 655, 2006 Ga. App. LEXIS 831 (2006), cert. denied, No. S06C1966, 2007 Ga. LEXIS 112 (Ga. Jan. 8, 2007) (decided under former O.C.G.A. § 24-9-67.1). Noting that “it is proper to consider and give weight to constructions placed on the federal …

— In a motion to set aside a foreign judgment, the standard is identical to that of O.C.G.A. § 9-11-60(d). The defendant must show that the judgment is defective due to lack of jurisdiction over the person or subject matter due to fraud, accident, or mistake, or due to a nonamend…

Evidence. Inadmissible against defendant making, exceptions, §24-4-410. NATIONALITY. Symbols. Judicial notice, §24-2-220. NATURAL RESOURCES. Department of natural resources. Law enforcement officers. Witness fees. Officer required to attend court as witness, §24-13-28. Witness fe…

As used in this chapter, the term: (1) “Writing” or “recording” means letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, magnetic impulse, or mechanical or electronic recording or other form of data compilation. (2) “Pho…

To prove the contents of a writing, recording, or photograph, the original writing, recording, or photograph shall be required. History. Code 1981, § 24-10-1002, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

A duplicate shall be admissible to the same extent as an original unless: (1) A genuine question is raised as to the authenticity of the original; or (2) A circumstance exists where it would be unfair to admit the duplicate in lieu of the original. History. Code 1981, § 24-10-100…

The original shall not be required and other evidence of the contents of a writing, recording, or photograph shall be admissible if: (1) All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; (2) No original can be obtained by any…

The contents of a public record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by duplicate, certified as correct in accordance with Code Section 24-9-902 or Code Se…

The contents of otherwise admissible voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, …

The contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by that party’s written admission, without accounting for the nonproduction of the original. History. Code 1981, § 24-10-1007, enacted by Ga. L. …

When the admissibility of other evidence of the contents of writings, recordings, or photographs under the rules of evidence depends upon the fulfillment of a condition of fact, the question of whether the condition has been fulfilled is ordinarily for the court to determine in acc…

As used in this chapter, the term: (1) “Custodian” means the person charged with the duty of maintaining public records. (2) “Duplicate” means a counterpart which accurately reproduces the original. (3) “Public record” shall have the same meaning as set forth in Code Section 24-8…

(a) Where any original public records have been lost, mutilated, stolen, or destroyed, the custodian may establish duplicates in accordance with the provisions of this article. When such public records are established by duplicates, they shall have all of the effect in evidence a…

(a) The court shall either appoint an auditor for such petition in accordance with Chapter 7 of Title 9 or shall conduct a hearing on the petition. If an auditor is appointed, the provisions of Code Sections 9-7-1 through 9-7-16 and Code Section 9-7-21 shall apply to such proceed…

(a) The owner, agent of the owner, or legal representative of the owner of any bond, bill, note, draft, check, or other evidence of indebtedness which has been lost or destroyed may establish a duplicate of the same in a summary manner by filing a petition with the judge of the pr…

When the person alleged to be a debtor or maker of a lost or destroyed paper as set forth in Code Section 24-11-21 does not reside in this state, the alleged debtor or maker may be made a party to the proceedings by publication, in a newspaper to be designated by the judge of the…

(a) The owner of a lost or destroyed paper which is not an office paper, as defined in Code Section 24-11-20, who desires to establish such paper shall present to the clerk of the superior court of the county where the maker of the paper resides, if the maker is a resident of this…

In a proceeding to establish lost papers under Code Section 24-11-23, no continuance shall be granted unless it appears reasonable and just to the court; nor shall a continuance be allowed to the same party more than once, except for providential cause. History. Code 1981, § 24-1…

When a rule nisi has been served as provided in Code Section 24-11-23, the court shall grant a rule absolute establishing the duplicate of the lost or destroyed paper sworn to, unless good and sufficient cause is shown why the rule absolute should not be granted. History. Code 19…

When the duplicate of the lost or destroyed paper is established, the clerk of the court in which it is done shall furnish the duplicate to the party who had it established, with a certified endorsement thereon of the day and term of the court when the rule absolute was granted, p…

(a) If the paper which has been lost or destroyed is a note, bill, bond, or other instrument upon which a proceeding may be brought, the owner may institute a proceeding thereon as soon as the rule nisi has been issued as provided for in Code Section 24-11-23. The complaint shall…

Other than Code Section 24-11-20, this article shall not apply to lost or destroyed papers to which Title 11, the “Uniform Commercial Code,” is applicable. History. Code 1981, § 24-11-29, enacted by Ga. L. 2011, p. 99, § 2/HB 24. CHAPTER 12 MEDICAL AND OTHER CONFIDENTIAL INFORMAT…

Evidence. Guilty plea later withdrawn. Inadmissible against defendant making, exceptions, §24-4-410. Nolo contendere. Inadmissible against defendant making, exceptions, §24-4-410. Plea discussions. Statements by participating defendant inadmissible, exceptions, §24-4-410. Guilty …

Rule absolute granted establishing duplicate, §24-11-25. Rule nisi as to why duplicate should not be established. Issuance by clerk, service on respondent, §24-11-23. Title 11 of UCC. Inapplicability of article to, §24-11-29. LOST RECORDS. Public records. Lost, mutilated, stolen …

(a) No physician licensed under Chapter 34 of Title 43 and no hospital or health care facility, including those operated by an agency or bureau of this state or other governmental unit, shall be required to release any medical information concerning a patient except to the Depart…

(a) The General Assembly finds and declares that protecting the confidentiality of research data from disclosure in judicial and administrative proceedings is essential to safeguarding the integrity of research in this state, guaranteeing the privacy of individuals who participate …

As used in this article, the term: (1) “Confidential or privileged” means the protection afforded by law from unauthorized disclosure, whether the protection is afforded by law as developed and applied by the courts, by statute or lawful regulations, or by the requirements of the …

The disclosure of confidential or privileged medical matter constituting all or part of a record kept by a health care facility, a nurse, or a physician, pursuant to laws requiring disclosure or pursuant to limited consent to disclosure, shall not serve to destroy or in any way ab…

Persons to whom confidential or privileged medical matter is disclosed in the circumstances described in Code Section 24-12-11 shall utilize such matter only in connection with the purpose or purposes of such disclosure and thereafter shall keep such matter in confidence. However, …

Any person, corporation, authority, or other legal entity acting in good faith shall be immune from liability for the transmission, receipt, or use of medical matter disclosed pursuant to laws requiring disclosure or pursuant to limited consent to disclosure. History. Code 1981, …

Nothing in this article shall be construed to prevent the customary and usual audit, discussion, and presentation of cases in connection with medical and public education. History. Code 1981, § 24-12-14, enacted by Ga. L. 2011, p. 99, § 2/HB 24. ARTICLE 3 AIDS INFORMATION

AIDS confidential information as defined in Code Section 31-22-9.1 and disclosed or discovered within the patient-physician relationship shall be confidential and shall not be disclosed except as otherwise provided in Code Section 24-12-21. History. Code 1981, § 24-12-20, enacted by…

(a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. (b) Except as otherwise provided in this Code section: (1) No person or legal entity which receives AIDS confidential information pu…

(a) Circulation and similar records of a library which identify the user of library materials shall not be public records but shall be confidential and shall not be disclosed except: (1) To members of the library staff in the ordinary course of business; (2) Upon written consent o…

(a) No veterinarian licensed under Chapter 50 of Title 43 shall be required to disclose any information concerning the veterinarian’s care of an animal except on written authorization or other waiver by the veterinarian’s client or on appropriate court order or subpoena. Any vete…