Title 24 — Evidence

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.

(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…

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-…

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…

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…

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.

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. …

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…

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…

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.

(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…

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…

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.…

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…

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…

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…

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…

(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…

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; …

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…

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.

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…

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…

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…

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…

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.

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…

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…

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…

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…

Party with, §24-14-1. Positive testimony preferred over negative, exception, §24-14-7. Preponderance of evidence. Determining where preponderance lies, §24-14-4. BURDEN OF PROOF —Cont’d Preponderance of evidence —Cont’d Jury considerations, §24-14-4. Number of witnesses. Not nece…

What amount of evidence will change the onus or burden of proof shall be a question to be decided in each case by the sound discretion of the court. History. Code 1981, § 24-14-2, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Presumptions are either of law or of fact. Presumptions of law are conclusions and inferences which the law draws from given facts. Presumptions of fact shall be exclusively questions for the jury, to be decided by the ordinary test of human experience. History. Code 1981, § 24-1…

Certain presumptions of law, such as the presumption of innocence, in some cases the presumption of guilt, the presumption of continuance of life for seven years, the presumption of a mental state once proved to exist, and all similar presumptions, may be rebutted by proof. Histo…

If a party has evidence in such party’s power and within such party’s reach by which he or she may repel a claim or charge against him or her but omits to produce it or if such party has more certain and satisfactory evidence in his or her power but relies on that which is of a w…

In the ordinary course of business, when good faith requires an answer, it is the duty of the party receiving a letter from another to answer within a reasonable time. Otherwise, the party shall be presumed to admit the propriety of the acts mentioned in the letter of the party’s…

Occupancy presumed with permission of railroad, §24-14-24. RAPE. Evidence. Commission of another offense of sexual assault, §24-4-412. Civil or administrative proceedings, §24-4-415. Past sexual behavior of complaining witness, §24-4-412. Other crimes. Evidence. Commission of ano…

(a) As used in this Code section: (1) “Bank” means any person engaged in the business of banking and includes, in addition to a commercial bank, a savings and loan association, savings bank, or credit union. (2) “Check” means a draft, other than a documentary draft, payable on de…

(a) Conclusive presumptions of law are termed estoppels; averments to the contrary of such presumptions shall not be allowed. Estoppels are not generally favored. 744 24-14-26 (b) Estoppels include presumptions in favor of: (1) A record or judgment unreversed; (2) The proper cond…

(a) Where an estoppel relates to the title to real estate, the party claiming to have been influenced by the other party’s acts or declarations shall not only have been ignorant of the true title, but also ignorant of any convenient means of acquiring such knowledge. (b) Where bot…

Trustees and other representatives with custody of papers have ample opportunities to discover defects in the title of property in their care and shall be estopped from setting up title adverse to their trust. History. Code 1981, § 24-14-28, enacted by Ga. L. 2011, p. 99, § 2/HB …

Failure to answer within reasonable time. Admission of propriety of acts mentioned, §24-14-23. Charge or claim against party well founded, §24-14-22. Checks. Payment. Production of duplicate with original bank statement, §24-14-25. Continuation of life for seven years. Rebuttable…

Moral and reasonable certainty is all that can be expected in legal investigation. Except as provided in Code Section 51-1-29.5 or Code Section 51-12-5.1, in all civil proceedings, a preponderance of evidence shall be considered sufficient to produce mental conviction. In crimina…

In determining where the preponderance of evidence lies, the jury may consider all the facts and circumstances of the case, the witnesses’ manner of testifying, their intelligence, their means and opportunity for knowing the facts to which they testified, the nature of the facts t…

(a) Concordance of name alone is some evidence of identity. Residence, vocation, ownership of property, and other like facts may be proved. Reasonable certainty shall be all that is be required. (b) In civil proceedings, parties shall generally be relieved from the onus of provin…

An officer de facto may be proved to be such by his or her acts, without the production of his or her commission or appointment. History. Code 1981, § 24-14-41, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Admissible to show, §24-14-42. Hearsay rule exclusions, §24-8-803. Lost or destroyed bond, bill, note. Proceeding on duplicate after establishment with certified endorsement. Entry of judgment, §24-11-27. Hearsay rule exclusions, §24-8-803. Lost or destroyed records. Bond, bill, n…

Evidence of criminal gang activity. Admissibility of evidence of criminal gang activity on any relevant matter, §24-4-418. SUBPOENAS, §§24-13-20 to 24-13-29. Applicability of article, §24-13-20. Attorney of record. Authority to issue and sign, §24-13-21. Service upon, §24-13-24. …

In all civil proceedings where the life expectancy of a person shall be 785 24-14-44 an issue, the American Experience Mortality Tables shall be admissible as evidence of the life expectancy of such person. History. Code 1981, § 24-14-44, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Computing value of life. Evidence, §24-14-45. 813 INDEX DEAF AND HEARING IMPAIRED PERSONS. Arrest. Interpreters provided. Duty of arresting agency, §24-6-653. Interrogation after arrest. Duty to provide, §24-6-653. Interpreters, §§24-6-650 to 24-6-658. Ability of interpreter to c…