Title 24 — Evidence

Authentication and identification of evidence, §24-9-904. Hearsay, §24-8-801. Public officer. Authentication and identification of evidence, §24-9-904. Public official. Hearsay, §24-8-801. Public record. Contents of writings, recordings or photographs, §24-10-1001. Hearsay, §24-8-8…

Except as otherwise provided in this chapter, every person is competent to be a witness. History. Code 1981, § 24-6-601, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of such matter. Evidence to prove personal knowledge may, but need not, consist of the witness’s own testimony. The provisions of this Code s…

(a) Before testifying, every witness shall be required to declare that he or she will testify truthfully by oath or affirmation administered in a form calculated to awaken the witness’s conscience and impress the witness’s mind with the duty to do so. (b) Notwithstanding the prov…

Except as provided in Code Sections 24-6-656 and 24-6-657 or by the rules promulgated by the Supreme Court of Georgia pursuant to Code Section 15-1-14, an interpreter shall be subject to the provisions of Code Section 24-7-702. Interpreters shall be required to take an oath or af…

The judge presiding at the trial shall not testify in that trial as a witness. No objection need be made in order to preserve this issue. History. Code 1981, § 24-6-605, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Custody of child by court. Rules of evidence. Inapplicability of rules to custody hearing, §24-1-2. Disposition of child. Rules of evidence. Inapplicability of rules to custody hearing, §24-1-2. Evidence. Inapplicability of rules. Dispositional hearing and custody hearings, §24-1…

Conviction of crime. Use to attack character of truthfulness, §24-6-609. Credibility determined by trier of fact, §24-6-620. Disproving facts testified to by witness, §24-6-621. Hearsay statement admitted. Declarant’s credibility, §24-8-806. Instructions as to credibility. Require…

(a) The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, subject to the following limitations: (1) The evidence may refer only to character for truthfulness or untruthfulness; and (2) Evidence of truthful character shall be a…

State, 302 Ga. 877, 808 S.E.2d 681, 2017 Ga. LEXIS 959 (2017). Erroneous admission of prior conviction harmless. — While the appellate court was unable to determine whether the trial court engaged in any meaningful analysis of the relevant factors or balanced the probative value …

Accused testifying upon preliminary matter. Other issues in proceedings, prohibited. Rules of evidence, §24-1-104. Bills for medical expenses. Witness identifying, §24-9-921. Court called witness, §24-6-614. Evidence of character or trait of character. Inquiry as to specific insta…

(a) The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to: (1) Make the interrogation and presentation effective for the ascertainment of the truth; (2) Avoid needless consumption of time; and (3) Protect w…

Not admissible to prove credibility impaired or enhanced, §24-6-610. Securing attendance of witnesses from without state, §§24-13-90 to 24-13-97. Applicable to state enacting reciprocal powers, §24-13-97. 889 INDEX WITNESSES —Cont’d Securing attendance of witnesses from without s…

(a) In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time; provided, however, upon request the same shall be shown or disclosed to opposing counsel. (…

(a) The court may, on its own motion, call a court appointed expert, call a witness regarding the competency of any party, or call a child witness or, at the suggestion of a party, call such witnesses, and all parties shall be entitled to cross-examine such witnesses. In all othe…

Except as otherwise provided in Code Section 24-6-616, at the request of a party the court shall order witnesses excluded so that each witness cannot hear the testimony of other witnesses, and it may make the order on its own motion. This Code section shall not authorize exclusio…

Subject to the provisions of Code Section 17-17-9, the victim of a criminal offense shall be entitled to be present in any court exercising jurisdiction over such offense. History. Code 1981, § 24-6-616, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Attacking or supporting credibility, limitations, §24-6-608. Party calling witness may attack credibility, §24-6-607. Prior consistent statements. Rebutting attack on credibility, §24-6-613. Remedial measures taken after injury or harm offered for impeachment purposes, §24-4-407.…

A witness may be impeached by disproving the facts testified to by the witness. History. Code 1981, § 24-6-621, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Protection from, right, §24-6-623. Hearsay statement admitted. Declarant of statement, §24-8-806. Hostile witnesses. Leading questions, §24-6-611. Impeachment. Any party may attack credibility, §24-6-607. Conviction of crime used to attack character of truthfulness, §24-6-609. Cr…

Lack of personal knowledge. Oath or affirmation. Interpreters. Judge as witness. Juror as witness. Who may impeach. Evidence of character and conduct of witness. Impeachment by evidence of conviction of a crime. Religious beliefs or opinions. Mode and order of witness interrogati…

It is the policy of the State of Georgia to secure the rights of hearing impaired persons who, because of impaired hearing, cannot readily understand or communicate in spoken language and who consequently cannot equally participate in or benefit from proceedings, programs, and act…

Privileged communications with agents providing services to victims of family violence or sexual assault, §24-5-509. Recollection recorded. Hearsay, §24-8-803. Recording. Contents of writings, recordings or photographs, §24-10-1001. Regular duty hours. Witness fees. Law enforceme…

(a) The agency conducting any proceeding shall provide a qualified interpreter to the hearing impaired person: (1) Whenever the hearing impaired person is a party to the proceeding or a witness before the proceeding; or (2) Whenever a person who is below the age of 18 years is a p…

Not deemed waiver, §24-6-655. Hearing impaired person. Defined, §24-6-651. 856 INDEX INTERPRETERS —Cont’d Deaf and hearing impaired persons —Cont’d Intermediary interpreter. Defined, §24-6-651. Interrogation of arrested hearing impaired person by law enforcement. Duty to provide qu…

Bills for expenses. Evidence. Identification, §24-9-921. Communications between psychologist and patient. Privilege, §24-5-501. Evidence. Bills for expenses. Identification, §24-9-921. PUBLIC OFFICERS AND EMPLOYEES. Attestation or certificate of public officer. Evidence. Authenticit…

Whenever a hearing impaired person shall be authorized to be provided a qualified interpreter, such person may waive the right to the use of such interpreter. Any such waiver shall be in writing and shall be approved by the agency or law enforcement agency before which the hearing…

Qualified privilege. Disclosure of information in gathering or disseminating news, §24-5-508. Marriage and family therapist and patient. Communications between, §24-5-501. Medical information. Confidential or privileged information, §24-12-1. AIDS confidential information, §§24-12-2…

For article, “Evidence,” see 27 Ga. St. U. L. Rev. 1 (2011). 430 State policy on hearing impaired persons. Definitions. Qualified interpreters at agency proceedings. Procedure for interrogation and taking of statements from hearing impaired persons arrested for violation of crimina…

(a) If the witness is not testifying as an expert, the witness’s testimony in the form of opinions or inferences shall be limited to those opinions or inferences which are: (1) Rationally based on the perception of the witness; (2) Helpful to a clear understanding of the witness’…

(a) Except as provided in Code Section 22-1-14 and in subsection (g) of this Code section, the provisions of this Code section shall apply in all proceedings. The opinion of a witness qualified as an expert under this Code section may be given on the facts as proved by other witne…

The facts or data in the particular proceeding upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inference…

Inadmissible against defendant making plea, exceptions, §24-4-410. 809 INDEX CRIMINAL LAW AND PROCEDURE —Cont’d Evidence in criminal proceedings —Cont’d Other crimes, wrongs or acts. Admissibility, exceptions, §24-4-404. Child molestation, §24-4-414. DUI violation by accused, §24…

An expert may testify in terms of opinion or inference and give reasons therefor without first testifying to the underlying facts or data, unless the court requires otherwise. An expert may in any event be required to disclose the underlying facts or data on cross-examination. 773…

Except as provided in Chapter 7 of Title 9 or Code Section 17-7-130.1, 17-10-66, 29-4-11, 29-5-11, 31-14-3, 31-20-3, 44-6-166.1, 44-6-184, or 44-6-187, the following procedures shall govern the appointment, compensation, and presentation of testimony of court appointed experts: (…

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…

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…

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…

(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…

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…

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 …

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…

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…

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…

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.

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…

(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 …

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 …