Title 24 — Evidence
0 chapters · 207 sections in this title.
O.C.G.A. § 24-9-67.1 Cotten v
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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 …
O.C.G.A. § 24-9-901 Requirement of authentication or identification
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(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…
O.C.G.A. § 24-9-902 Self-authentication
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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…
O.C.G.A. § 24-9-903 Subscribing witness’s testimony
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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…
O.C.G.A. § 24-9-904 Definitions
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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…
O.C.G.A. § 24-9-920 Authentication of Georgia state and county records
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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…
O.C.G.A. § 24-9-921 Identification of medical bills; expert witness unnecessary
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(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…
O.C.G.A. § 24-9-922 Future earnings
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Computing in permanent personal injury proceedings, §24-14-45. General assembly members. Compelling to attend court and give testimony during general assembly session. Prohibition, §24-13-29. General history. Hearsay rule exclusion. Judgment as to personal, family or general hist…
O.C.G.A. § 24-9-923 Preliminary question
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Determining, §24-1-104. Presumed death. Written findings made by officers of United States, §24-14-47. Prior consistent statements by witness, §24-6-613. Prior inconsistent statements by witness. Extrinsic evidence of, §24-6-613. 820 INDEX EVIDENCE —Cont’d Admissibility —Cont’d Re…
O.C.G.A. § 24-9-924 Dependency proceedings
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Child witnesses. Competency to testify, credibility, determination, §24-6-603. Medical report in narrative form. Notice of intention to introduce, §24-8-826. Depositions.
O.C.G.A. § 24-10-1001 Definitions
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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…
O.C.G.A. § 24-10-1002 Requirement of original
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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.
O.C.G.A. § 24-10-1003 Defined, §24-10-1001
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Public record proved by, §24-10-1005. Deeds, maps, blueprints, notes, papers and documents. Withdrawal of originals, substitution of duplicates, §24-13-7. Lost or destroyed records. Other records and papers, §§24-11-20 to 24-11-29. EVIDENCE —Cont’d Duplicates —Cont’d Lost or dest…
O.C.G.A. § 24-10-1004 Original
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Defined, §24-10-1001. Required to prove, §24-10-1002. Other evidence admissible to prove, §24-10-1004. Dependent upon fulfillment of condition of fact, determination, §24-10-1008. Photograph defined, §24-10-1001.
O.C.G.A. § 24-10-1005 Public records
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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…
O.C.G.A. § 24-10-1006 Child molestation
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Commission of another offense. Child molestation defined, admissibility, procedure, §24-4-414. Civil or administrative proceedings, §24-4-415. Deposition of physician, §24-13-130. EVIDENCE —Cont’d Child victim of or witness to crime. Child under 16 years describing act of sexual c…
O.C.G.A. § 24-10-1007 Conviction of crime
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Used to attack truthfulness of character, §24-6-609. Court calling witness, §24-6-614. Objections to, §24-6-614. Credibility. Any party may attack, §24-6-607. Conviction of crime used to attack truthfulness, §24-6-609. Determined by trier of fact, §24-6-620. Hearsay statement adm…
O.C.G.A. § 24-10-1008 MOTIONS
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Depositions. Criminal proceedings. Taking testimony of material witness, §24-13-130. Evidence. Depositions. Criminal proceedings. Taking testimony of material witness, §24-13-130. MOTIVE. Evidence of other crimes, wrongs or acts. Proof of motive, §24-4-404. MOTOR VEHICLES. Depart…
O.C.G.A. § 24-11-1 Definitions
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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…
O.C.G.A. § 24-11-2 Establishment of lost records
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(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…
O.C.G.A. § 24-11-20 PLEAS
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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 …
O.C.G.A. § 24-11-21 Appeal, §24-11-21
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832 INDEX EVIDENCE —Cont’d Lost or destroyed records —Cont’d Bond, bill, note, draft, check, other evidence of indebtedness —Cont’d Petition to establish duplicate —Cont’d Citation or notice to debtor or maker to appear, §24-11-21. Hearing, defense filed, §24-11-21. Judge’s decisi…
O.C.G.A. § 24-11-22 Business records
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Authenticity proved by original or duplicate, §24-9-902. Chart, summary calculation. Proving voluminous writings, recording, photographs, §24-10-1006. Duplicate defined, §24-10-1001.
O.C.G.A. § 24-11-23 Witnesses
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Uniform act to secure the attendance of witnesses from without state, §§24-13-90 to 24-13-97. NOTES. Duplicate established. Lost or destroyed notes, §24-11-21. Maker nonresident party, §24-11-22. Proceeding on duplicate after establishment with certified endorsement, §24-11-27. Wi…
O.C.G.A. § 24-11-24 Party respondents, §24-11-28
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Persons whose interest affected by establishing duplicate. Party respondents, rights of defense, §24-11-28. EVIDENCE —Cont’d Lost or destroyed records —Cont’d Superior court, establishment of duplicates in —Cont’d Petition to establish, §24-11-23. Rule absolute granted establishi…
O.C.G.A. § 24-11-25 Establishment of lost or destroyed paper
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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…
O.C.G.A. § 24-11-27 Entry of judgment, §24-11-27
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Institution, §24-11-27. Contents of writings, recordings or photographs. Other evidence to prove original, §24-10-1004. Pleading, bill of indictment, special presentment, accusation, other office paper. Duplicate established instanter upon motion, §24-11-20. Office paper defined, …
O.C.G.A. § 24-11-28 Petition to establish, §24-11-23
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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 …
O.C.G.A. § 24-11-29 Applicability of article
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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. 444 T.24, C.12 T.24, C.12 CONFIDENTIAL INFORMATION…
O.C.G.A. § 24-11-3 Appointment of auditor; hearing; establishment of duplicates
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(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…
O.C.G.A. § 24-12-1 PHOTOGRAPHS
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Evidence. Admissibility, §24-9-923. 868 INDEX PHYSICAL THERAPISTS. Bills for expenses. Evidence. Identification, §24-9-921. Evidence. Bills for expenses. Identification, §24-9-921. Medical report in narrative form, §24-8-826. Statements or conduct expressing regret, apology, sympat…
O.C.G.A. § 24-12-10 Definitions
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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 …
O.C.G.A. § 24-12-14 Construction of article in relation to educational purposes
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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
O.C.G.A. § 24-12-2 Confidentiality of raw research data
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(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 …
O.C.G.A. § 24-12-20 Confidential nature of AIDS information
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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…
O.C.G.A. § 24-12-21 Disclosure of AIDS confidential information
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(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…
O.C.G.A. § 24-12-30 Confidential nature of certain library records
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(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…
O.C.G.A. § 24-12-31 VICTIMS OF CRIMES
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Present in court exercising jurisdiction over offense. Right, §24-6-616. 883 INDEX VICTIMS OF CRIMES —Cont’d Privileged communications with agents providing services to victim. Victims of family violence or sexual assault, §24-5-509. Rights of victims. Present in court exercising…
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…