Title 24 — Evidence

The object of all legal investigation is the discovery of truth. Rules of evidence shall be construed to secure fairness in administration, eliminate unjustifiable expense and delay, and promote the growth and development of the law of evidence to the end that the truth may be asc…

(a) Error shall not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected and: (1) In case the ruling is one admitting evidence, a timely objection or motion to strike appears of record, stating the specific ground of obj…

(a) Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of 27 24-1-104 evidence shall be determined by the court, subject to the provisions of subsection (b) of this Code section. In making its determin…

When evidence which is admissible as to one party or for one purpose but which is not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly. History. Code 1981,…

(a) The rules of evidence shall apply in all trials by jury in any court in this state. (b) The rules of evidence shall apply generally to all nonjury trials and other fact-finding proceedings of any court in this state subject to the limitations set forth in subsections (c) and (…

(a) This Code section governs only judicial notice of adjudicative facts. (b) A judicially noticed fact shall be a fact which is not subject to reasonable dispute in that it is either: (1) Generally known within the territorial jurisdiction of the court; or (2) Capable of accurat…

The existence and territorial extent of states and their forms of government; all symbols of nationality; the laws of nations; all laws and resolutions of the General Assembly and the journals of each branch thereof as published by authority; the laws of the United States and of …

When certified by a public officer, clerk, or keeper of county or municipal records in this state in a manner as specified for county records in Code Section 24-9-920 or in a manner as specified for municipal records in paragraph (1) or (2) of Code Section 24-9-902 and in the absenc…

State, 221 Ga. App. 436, 472 S.E.2d 1 (decided under former O.C.G.A. § 24-2-3). Evidence that a child rape victim had sex with her boyfriend six months before the alleged rape was properly excluded since, while relevant to show that the victim’s pregnancy was not caused by the de…

Admissible in aid of construction, §24-3-5. Mistake in deed, contracts required to be in writing. Admissibility, §24-3-7. EVIDENCE —Cont’d Parol evidence —Cont’d New and distinct subsequent agreement. Admissibility to prove, §24-3-6. Rebut equity. Admissibility, §24-3-6. Receipts…

Blank endorsements of negotiable paper may always be explained between the parties themselves or those taking with notice of dishonor or of the actual facts of such endorsements. History. Code 1981, § 24-3-10, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

State, 194 Ga. App. 714, 391 S.E.2d 790, 1990 Ga. App. LEXIS 319 (1990) (decided under former O.C.G.A. § 24-3-16). 24-8-820 Child was considered “available to testify” under former O.C.G.A. § 24-3-16 only if the child was “competent” to testify within the meaning of former O.C.G.…

Admissible to explain, §24-3-3. Blank endorsements of negotiable paper. Explaining, §24-3-10. Change place of performance. Admissibility, §24-3-6. Collateral undertakings between parties. Admissibility, §24-3-2. Contemporaneous writings. Admissible to explain each other, §24-3-3.…

State, 314 Ga. App. 170, 723 S.E.2d 486, 2012 Ga. App. LEXIS 143 (2012) (decided under former O.C.G.A. § 24-3-3). When the victim’s statements were derived solely from his or her personal observations, were made within minutes of the crime, and were free of all suspicion, the vic…

The surrounding circumstances shall always be proper subjects of proof to aid in the construction of contracts. History. Code 1981, § 24-3-4, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Proof by parol evidence, §24-3-7. Parol evidence. Generally, §§24-3-1 to 24-3-10. Performance. Changing place. Parol evidence, §24-3-6. Enlarging time. Parol evidence, §24-3-6. Subsequent agreements. Proof by parol evidence, §24-3-6. Surrounding circumstances. Evidence. Admissibi…

Hall, 527 F.3d 1162, 2008 U.S. App. LEXIS 10433 (11th Cir. 2008), cert. denied, 555 U.S. 1183, 129 S. Ct. 1336, 173 L. Ed. 2d 607, 2009 U.S. LEXIS 1348 (2009) (decided under former O.C.G.A. § 24-3-50). Defendant’s statements to a local detective regarding the defendant’s role in …

Enlarge time of performance, §24-3-6. Known and established usage. Admissible in aid of construction, §24-3-5. Mistake in contracts required to be in writing. Parol evidence to prove, §24-3-7. Parol evidence, §§24-3-1 to 24-3-10. Surrounding circumstances. Admissibility to aid in…

Parol evidence shall be admissible to prove a mistake in a deed or any other contract required by law to be in writing. History. Code 1981, § 24-3-7, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Evidence. Hearsay rule exclusion. Records or documents affecting interest in property, §24-8-803. Hearsay rule exclusion. Records or documents affecting interest in property, §24-8-803. COSTS. Depositions. Criminal proceedings, §24-13-132. Perpetuation of testimony, §24-13-154. 8…

Evidence. Guilty plea later withdrawn, plea of nolo contendere, plea discussions. When admissible, §24-4-410. Single witness testimony insufficient, exception, §24-14-8. PERPETUATION OF TESTIMONY, §§24-13-150 to 24-13-154. All parties not ascertained or reached. Proceeding not de…

Preserving error, when required, §24-1-103. Other crimes, wrongs or acts, §24-4-404. DUI violation, §24-4-417.

Stern’s United States calendar and Stafford’s office calendar. Admissibility in proof of dates covered, §24-14-43. Deaf and hearing impaired persons. Interpreters, §§24-6-650 to 24-6-658. Deeds. Ancient deeds. Estoppel, §24-14-26. Mistake. Parol evidence to prove, §24-3-7. Recita…

Specific instances of person’s conduct, §24-4-405. Testimony as to reputation or in form of opinion. Proof made by, §24-4-405. Child molestation. Commission of another offense of child molestation, §24-4-414. Circumstantial evidence. Conviction on circumstantial evidence, §24-14-6…

(a) In all proceedings in which evidence of character or a trait of character of a person is admissible, proof shall be made by testimony as to reputation or by testimony in the form of an opinion. (b) In proceedings in which character or a trait of character of a person is an es…

Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with such ha…

Past sexual behavior of complaining witness. Procedure for introducing, §24-4-412. INCEST. Commission of another offense of sexual assault. Evidence, §24-4-413. Rape shield law, §24-4-412. INDICTMENTS. Duplicate established. Lost bill of indictment, §24-11-20. Lost bills. Duplica…

(a) Except as provided in Code Section 9-11-68, evidence of: (1) Furnishing, offering, or promising to furnish; or (2) Accepting, offering, or promising to accept a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity…

AIDS confidential information. Disclosure, §§24-12-20, 24-12-21. Billing requirements. Identification of bills for expenses. Evidence, §24-9-921. Confidential or privileged medical information. AIDS confidential information. Disclosure, §§24-12-20, 24-12-21. Confidential raw research …

Health care providers. Statements or conduct expressing regret, apology, sympathy, etc. for unanticipated outcome. Inadmissible, not admission of liability, §24-4-416. Insurance against liability. Inadmissible in proceedings involving claim for damages, exception, §24-4-411. Medi…

In all civil proceedings involving a claim for damages, evidence that a person was or was not insured against liability shall not be admissible except as provided in this Code section. This Code section shall not require the exclusion of evidence of insurance against liability in…

Witness fees. Officer required to attend court as witness, §24-13-28. CAPTURED. Evidence. Written report or record by United States officers or employees, §24-14-47. CERTIFIED MAIL.

(a) In a criminal proceeding in which the accused is accused of an offense of sexual assault, evidence of the accused’s commission of another offense of sexual assault shall be admissible and may be considered for its bearing on any matter to which it is relevant. (b) In a procee…

(a) In a criminal proceeding in which the accused is accused of an offense of child molestation, evidence of the accused’s commission of another offense of child molestation shall be admissible and may be considered for its bearing on any matter to which it is relevant. (b) In a …

878 INDEX SEXUAL ASSAULT —Cont’d Other crimes. Evidence. Commission of another offense of sexual assault, §24-4-413. Civil or administrative proceedings, §24-4-415. Privileged communications with agents providing services to victim, §24-5-509. Rape shield law, §24-4-412. Victims.…

(a) As used in this Code section, the term “health care provider” means any person licensed under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or any hospital, nursing home, home health agency, institution, or medical facility licensed or defined under Ch…

Sexual assault defined, admissibility, procedure, §24-4-413. Civil or administrative proceedings, §24-4-415. Accused testifying upon preliminary matter. Cross-examination upon other proceedings prohibited, §24-1-104. Accused wishing to testify, §24-5-506. Adjudicative facts. Judic…

(a) In a criminal proceeding in which the accused is accused of conducting or participating in criminal gang activity in violation of Code Section 16-15-4, evidence of the accused’s commission of criminal gang activity, as such term is defined in Code Section 16-15-3, shall be adm…

(a) As used in this Code section, the term “criminal history record information” shall have the same meaning as set forth in Code Section 35-3-30. (b) In a civil proceeding against an employer, its employees, or its agents based on the conduct of an employee or former employee, c…

State, 212 Ga. App. 278, 442 S.E.2d 462, 1994 Ga. App. LEXIS 239 (1994) (decided under former O.C.G.A. § 24-4-6). Only when evidence is wholly circumstantial is substance of former O.C.G.A. § 24-4-6 required to be given in charge, and when there was direct evidence, as well as ci…

State, 251 Ga. 521, 307 S.E.2d 496, 1983 Ga. LEXIS 897 (1983) (decided under former O.C.G.A. § 24-4-8). Accomplice is one who acts as result of free will and not of duress or coercion. Milton v. State, 248 Ga. 192, 282 S.E.2d 90, 1981 Ga. LEXIS 955 (1981) (decided under former O.…

(a) There are certain admissions and communications excluded from evidence on grounds of public policy, including, but not limited to, the following: (1) Communications between husband and wife; (2) Communications between attorney and client; (3) Communications among grand jurors…

Every communication made by any person professing religious faith, seeking spiritual comfort, or seeking counseling to any Protestant minister of the Gospel, any priest of the Roman Catholic faith, any priest of the Greek Orthodox Catholic faith, any Jewish rabbi, or any Christia…

Privileged communications, §24-5-501. Criminal proceedings. Competent but not compellable to give evidence against each other, §24-5-503. Spouse charged with crime against child under age of 18. Inapplicability of privileges, evidence to specific act, §24-5-503. Privileged communi…

Evidence. Admissibility, exceptions, §24-4-404. Child molestation, §24-4-414. DUI violation by accused, §24-4-417. Pretrial notice to defense, §24-4-404. Sexual assault, §24-4-413. Past sexual behavior of complaining witness. Evidence. Conduct included, §24-4-412. Generally inadm…

(a) No party or witness shall be required to testify as to any matter which may incriminate or tend to incriminate such party or witness or which shall tend to bring infamy, disgrace, or public contempt upon such party or witness or any member of such party or witness’s family. (…

(a) No person who is charged in any criminal proceeding with the commission of any criminal offense shall be compellable to give evidence for or against himself or herself. (b) If an accused in a criminal proceeding wishes to testify and announces in open court his or her intenti…

(a) Whenever in the judgment of the Attorney General or any district attorney the testimony of any person or the production of evidence of any kind by any person in any criminal proceeding before a court or grand jury is necessary to the public interest, the Attorney General or t…

Any person, company, or other entity engaged in the gathering and dissemination of news for the public through any newspaper, book, magazine, radio or television broadcast, or electronic means shall have a qualified privilege against disclosure of any information, document, or ite…

Probation officers. Peer counselors, privileged communications, §24-5-510. PRODUCTION OF EVIDENCE. Notice to produce in lieu of subpoena, §24-13-27. Subpoenas, §§24-13-20 to 24-13-29. 873 INDEX PSYCHOLOGISTS —Cont’d Evidence —Cont’d Communications between psychologist and patient…