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Georgia Statutes, Title 24

Georgia/Statutes

← All Georgia coverage

Title 24

14 chapters · 227 sections in this title.

All chapters in Title 24227 Ch 13, SECURING ATTENDANCE OF WITNESSES AND…50 Ch 6, WITNESSES29 Ch 14, PROOF GENERALLY27 Ch 4, RELEVANT EVIDENCE AND ITS LIMITS21 Ch 8, HEARSAY14 Ch 3, PAROL EVIDENCE13 Ch 9, AUTHENTICATION AND IDENTIFICATION13 Ch 11, ESTABLISHMENT OF LOST RECORDS13 Ch 5, PRIVILEGES11 Ch 12, MEDICAL AND OTHER CONFIDENTIAL INFOR…11 Ch 10, BEST EVIDENCE RULE8 Ch 7, OPINIONS AND EXPERT TESTIMONY7 Ch 1, GENERAL PROVISIONS6 Ch 2, JUDICIAL NOTICE4

227 sections·Filtered byTitle 24✕

O.C.G.A. § 24-13-1 Freedom of witnesses from arrest
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A witness shall not be arrested on any civil process while attending any court to which he or she is subpoenaed or otherwise required to attend as a witness or while going to or returning from such court. An officer who holds such witness imprisoned after seeing his or her subpoe…
O.C.G.A. § 24-13-2 Procedure for claiming witness fees
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A witness in making a claim or proof of a claim for witness fees for attendance shall indicate the date on which he or she attended and, in the event of a continuance, shall not claim or receive witness fees for any day after the date to which the docket shows the proceeding was …
O.C.G.A. § 24-13-3 Witness fee exceptions
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(a) A witness shall not receive any witness fees for attendance on a subpoena if such witness is absent from the proceeding, or if the proceeding is continued at any time due to his or her absence, where such absence did not arise from providential cause. (b) No witness shall rec…
O.C.G.A. § 24-13-4 Penalty for excessive witness fee claim
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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.

O.C.G.A. § 24-13-5 Production of evidence when item not available; oath

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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…

O.C.G.A. § 24-13-6 Procedure when adverse party dissatisﬁed with response pursuant to Code Section 24-13-5

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When the transcript provided for in Code Section 24-13-5 is produced in court, if the adverse party is dissatisﬁed therewith and swears that he or she believes that the books contain entries material to the adverse party which do not appear in the transcript, the court shall gran…

O.C.G.A. § 24-13-7 Withdrawal of originals introduced in evidence; substitution of copies; discretion of court

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Parties interested and participating in the trial of all cases tried in the courts are authorized and empowered, on the order of the court trying the case, to withdraw from the court and record of the case all original deeds, maps, blueprints, notes, papers, and documents belongi…

O.C.G.A. § 24-13-20 Applicability

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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.

O.C.G.A. § 24-13-21 Issuance of subpoena; form; punishment for misuse

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(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…

O.C.G.A. § 24-13-22 Issuance of subpoena requiring attendance; service

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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…

O.C.G.A. § 24-13-23 Subpoena for production of documentary evidence; motion to quash or modify

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(a) A subpoena may also command the person to whom it is directed to produce the evidence designated therein. (b) The court, upon written motion made promptly and in any event at or before the time speciﬁed in the subpoena for compliance therewith, may: (1) Quash or modify the su…

O.C.G.A. § 24-13-24 Service of subpoenas

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A subpoena may be served by any sheriff, by his or her deputy, or by 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 statutory overnight d…

O.C.G.A. § 24-13-25 Fees and mileage; when tender required

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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…

O.C.G.A. § 24-13-26 Enforcement of subpoenas; continuance; secondary evidence of books, papers, or documents

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(a) Subpoenas may be enforced by attachment for contempt and by a ﬁne of not more than $300.00 or not more than 20 days’ imprisonment, or both. In all proceedings under this Code section, the court shall consider whether under the circumstances of each proceeding the subpoena was…

O.C.G.A. § 24-13-27 Notice to produce

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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…

O.C.G.A. § 24-13-28 Witness fees for law enforcement officers

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(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…

O.C.G.A. § 24-13-60 Order requiring prisoner’s delivery to serve as witness or criminal defendant generally; expenses; prisoner under death sentence as witness

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(a) When a prisoner conﬁned in any state prison, county correctional institution, or other penal institution under the jurisdiction of the Board of Corrections, other than a prisoner under a death sentence, is needed as a witness in any judicial proceeding in any court of record …

O.C.G.A. § 24-13-61 Issuance of order requiring prisoner’s delivery to serve as witness in superior court

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Any judge of the superior court may issue an order to any officer having a lawfully imprisoned person in his or her custody, requiring the production of such person before the court for the purpose of giving evidence in any criminal cause pending therein, without any formal appli…

O.C.G.A. § 24-13-90 Short title

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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.

O.C.G.A. § 24-13-91 Deﬁnitions

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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…

O.C.G.A. § 24-13-92 Procedure for compelling witness attendance before a foreign court in criminal or grand jury proceedings; expenses; punishment

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(a) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certiﬁes under the seal of such court that there is a criminal prosecution pending in such court or that a grand jury…

O.C.G.A. § 24-13-93 Procedure for compelling witness attendance of persons conﬁned in a state penal institution before a foreign court in criminal or grand jury proceedings; exceptions

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(a) A judge of a state court of record in another state which by its laws has made provision for commanding persons conﬁned in penal institutions within that state to attend and testify in this state may certify that there is a criminal proceeding or investigation by a grand jury…

O.C.G.A. § 24-13-94 Procedure for compelling an out-of-state witness to attend criminal or grand jury proceedings

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(a) If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this state is a material witness in a prosecution pending in a…

O.C.G.A. § 24-13-95 Procedure for compelling witness attendance of persons conﬁned in a penal institution out of state in criminal or grand jury proceedings; order of compliance

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(a) If a person conﬁned in a penal institution in any other state is a material witness in a criminal proceeding pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify that there is a criminal proceeding or investigation by a…

O.C.G.A. § 24-13-96 Exemption of witnesses from arrest and service of process

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(a) If a person comes into this state in obedience to a summons directing him or her to attend and testify in this state, such person shall not, while in this state pursuant to such summons, be subject to arrest or the service of process, civil or criminal, in connection with mat…

O.C.G.A. § 24-13-97 Construction

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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…

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.

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. § 24-13-115 Applicability of Article 2 to certain provisions of this article

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Article 2 of this chapter shall apply to subpoenas issued under Code Section 24-13-112 or 24-13-113. History. Code 1981, § 24-13-115, enacted by Ga. L. 2012, p. 651, § 2-1/HB 46.

O.C.G.A. § 24-13-116 Protective order or enforcement, quashing, or modiﬁcation of foreign subpoena

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An application for a protective order or to enforce, quash, or modify a subpoena issued by the clerk of superior court under Code Section 24-13-112 or 24-13-113 shall comply with the statutes and court rules of this state and shall be submitted to the superior court of the county…

O.C.G.A. § 24-13-130 When deposition to preserve testimony in criminal proceedings may be taken

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(a)(1) At any time after an accused has been charged with an offense against the laws of this state or an ordinance of any political subdivision or authority thereof, upon motion of the state or the accused, the court having jurisdiction to try the offense charged may, after noti…

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. § 24-13-134 Availability to state and defendant of deponent’s previous statements

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The state or the accused shall make available to each other, for examination and use at the taking of a deposition pursuant to this article, any statement of the witness being deposed which is in the possession of the state or the accused and which would be required to be made av…

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…

O.C.G.A. § 24-13-136 Objections to admission of deposition

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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.

O.C.G.A. § 24-13-137 Recordation of deposition

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(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 transmitted to the clerk of the court which ordered the deposition and shall …

O.C.G.A. § 24-13-138 Agreement of parties to deposition

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Nothing in this article shall preclude the taking of a deposition, orally or upon written questions, or the use of a deposition by agreement of the parties with the consent of the court. History. Code 1981, § 24-13-138, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

O.C.G.A. § 24-13-139 Depositions taken only in exceptional circumstances; misuse of procedures

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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…

O.C.G.A. § 24-13-150 Proceedings to perpetuate testimony

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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…

O.C.G.A. § 24-13-151 Inadequacy of usual proceeding to be shown

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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.

O.C.G.A. § 24-13-153 Use of testimony

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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. …

O.C.G.A. § 24-13-154 Costs of proceedings

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The complainant shall in all cases be taxed with the costs of proceedings to perpetuate testimony. History. Code 1981, § 24-13-154, enacted by Ga. L. 2011, p. 99, § 2/HB 24. 535 24-13-154 CHAPTER 14 PROOF GENERALLY Article 1 Sec.

O.C.G.A. § 24-13-152 Reason why usual proceeding inadequate

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Showing necessary, §24-13-151. Use of testimony taken, §24-13-153. When allowed, §24-13-150. PERSONS WITH DISABILITIES. Interpreters. Hearing impaired persons, §§24-6-650 to 24-6-658. Witnesses. Interpreters for hearing impaired persons, §§24-6-650 to 24-6-658. PETITIONS. Bond, b…

O.C.G.A. § 24-13-29 Applicability

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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; …

O.C.G.A. § 24-13-62 Prisoner under death penalty requested as witness, §24-13-60

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Witnesses. Prisoners needed as witness or to stand trial. Delivery of prisoner to sheriff of county where prisoner desired. Cost and expenses of transporting and keeping, §24-13-60. Ex parte order directed to commissioner of corrections,