Title 24

(a) As used in this Code section, the term: (1) “Client” means a public safety officer. (2) “Peer counselor” means: (A) An employee of the Office of Public Safety Support within the Department of Public Safety; or (B) An individual who is certified by the support coordinator of th…

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.

(a) A member of the jury shall not testify as a witness before that jury in the trial of the case in which the juror is sitting. If a juror is called to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury. (b) Upon an inquiry int…

The credibility of a witness may be attacked by any party, including the party calling the witness. History. Code 1981, § 24-6-607, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

(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 …

(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…

(a) If a witness uses a writing to refresh his or her memory while testifying, an adverse party shall be entitled to have the writing produced at the hearing or trial, to inspect it, to cross-examine the witness on such writing, and to introduce in evidence those portions of such…

(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.

The credibility of a witness shall be a matter to be determined by the trier of fact, and if the case is being heard by a jury, the court shall give the jury proper instructions as to the credibility of a witness. History. Code 1981, § 24-6-620, enacted by Ga. L. 2011, p. 99, § 2…

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.

The state of a witness’s feelings towards the parties and the witness’s relationship to the parties may always be proved for the consideration of the jury. History. Code 1981, § 24-6-622, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

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…

As used in this article, the term: (1) “Agency” means any agency, authority, board, bureau, committee, commission, court, department, or jury of the legislative, judicial, or executive branch of government of this state or any political subdivision thereof. (2) “Court qualified in…

(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…

(a) An arresting law enforcement agency shall provide a qualified interpreter to any hearing impaired person whenever a hearing impaired person is arrested for allegedly violating any criminal law or ordinance of this state or any political subdivision thereof. (b)(1) Except as pr…

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…

Whenever a hearing impaired person shall be authorized to be provided a qualified interpreter, the agency or law enforcement agency shall determine whether the qualified interpreter so provided is able to communicate accurately with and translate information to and from the hearing…

(a) Prior to providing any service to a hearing impaired person, any qualified interpreter or intermediary interpreter shall subscribe to an oath that he or she will interpret all communications in an accurate manner to the best of his or her skill and knowledge. The Supreme Court…

Any qualified interpreter or intermediary interpreter providing service under this article shall be compensated by the agency or law enforcement agency requesting such service. History. Code 1981, § 24-6-658, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Accused testifying upon preliminary matter. Cross-examination on other issues in proceedings. Prohibited. Rules of evidence, §24-1-104. Accused wishing to testify, §24-5-506. Attendance. Prisoners, §§24-13-60 to 24-13-62. Subpoenas, §§24-13-20 to 24-13-29. Child witnesses. Compet…

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…

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…

(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…

(a) Except as provided in subsection (b) of this Code section, testimony in the form of an opinion or inference otherwise admissible shall not be objectionable because it embraces an ultimate issue to be decided by the trier of fact. (b) No expert witness testifying with respect …

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. His…

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: (…

Court appointed experts. [Repealed] Expert opinion testimony in criminal proceedings. For article, “From the Crime Scene to the Courtroom: The Future of Forensic Science Reform: A Discouraging Omen: A Critical Evaluation of the Approved Uniform Language for Testimony and Reports …

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. (c) “Hearsay” means a statement, other than one…

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…

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.