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Georgia Code - Evidence - Title 24

Legal Research Home > Georgia Laws > Appeals and Errors > Georgia Code - Evidence - Title 24

Georgia Code - Evidence - Title 24, Section 24-1-1

As used in this title, the term: (1) 'Competent evidence' means evidence which is admissible. (2) 'Cumulative evidence' means evidence which is ...

Georgia Code - Evidence - Title 24, Section 24-1-2

The object of all legal investigation is the discovery of truth. The rules of evidence are framed with a view to this prominent end, seeking always for pure ...

Georgia Code - Evidence - Title 24, Section 24-1-3

The rules of evidence shall be the same in all courts and in all trials unless otherwise expressly provided by statute. ...

Georgia Code - Evidence - Title 24, Section 24-1-4

The existence and territorial extent of states, their forms of government, symbols of nationality, the laws of nations, all laws and resolutions of the General Assembly and the ...

Georgia Code - Evidence - Title 24, Section 24-1-5

In the event a hearing impaired person is arrested for any alleged violation of a criminal law of this state, the arresting officer shall comply with the provisions ...

Georgia Code - Evidence - Title 24, Section 24-2-1

Evidence must relate to the questions being tried by the jury and bear upon them either directly or indirectly. Irrelevant matter should be excluded. ...

Georgia Code - Evidence - Title 24, Section 24-2-2

The general character of the parties and especially their conduct in other transactions are irrelevant matter unless the nature of the action involves such character and renders necessary ...

Georgia Code - Evidence - Title 24, Section 24-2-3

(a) In any prosecution for a violation of Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relating to aggravated child ...

Georgia Code - Evidence - Title 24, Section 24-2-4

Where either party introduces part of a document or record, the opposite party may read so much of the balance as is relevant. ...

Georgia Code - Evidence - Title 24, Section 24-3-1

(a) Hearsay evidence is that which does not derive its value solely from the credit of the witness but rests mainly on the veracity and competency of other ...

Georgia Code - Evidence - Title 24, Section 24-3-2

When, in a legal investigation, information, conversations, letters and replies, and similar evidence are facts to explain conduct and ascertain motives, they shall be admitted in evidence not ...

Georgia Code - Evidence - Title 24, Section 24-3-3

Declarations accompanying an act, or so nearly connected therewith in time as to be free from all suspicion of device or afterthought, shall be admissible in evidence as ...

Georgia Code - Evidence - Title 24, Section 24-3-4

Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of ...

Georgia Code - Evidence - Title 24, Section 24-3-5

After the fact of conspiracy is proved, the declarations by any one of the conspirators during the pendency of the criminal project shall be admissible against all. ...

Georgia Code - Evidence - Title 24, Section 24-3-6

Declarations by any person in the article of death, who is conscious of his condition, as to the cause of his death and the person who killed him, ...

Georgia Code - Evidence - Title 24, Section 24-3-7

(a) Declarations by a person in possession of property in disparagement of his own title shall be admissible in evidence in favor of anyone and against privies of ...

Georgia Code - Evidence - Title 24, Section 24-3-8

Declarations and entries made by a person since deceased against his interest and not made with a view to pending litigation shall be admissible in evidence in any ...

Georgia Code - Evidence - Title 24, Section 24-3-9

Declarations of deceased persons as to ancient rights made before the litigation arose shall be admissible to prove matters of public interest in which the whole community is ...

Georgia Code - Evidence - Title 24, Section 24-3-10

The testimony of a witness since deceased, disqualified, or inaccessible for any cause which was given under oath on a former trial upon substantially the same issue and ...

Georgia Code - Evidence - Title 24, Section 24-3-11

Ancient documents purporting to be a part of the transaction to which they relate shall be admissible in evidence. ...

Georgia Code - Evidence - Title 24, Section 24-3-12

Pedigree, including descent, relationship, birth, marriage, and death, may be proved by the declarations of deceased persons related by blood or marriage, by general repute in the family, ...

Georgia Code - Evidence - Title 24, Section 24-3-13

Traditional evidence as to ancient boundaries and landmarks shall be admissible in evidence, the weight to be determined by the jury according to the source from which it ...

Georgia Code - Evidence - Title 24, Section 24-3-14

(a) As used in this Code section, the term 'business' shall include every kind of business, profession, occupation, calling, or operation of institutions, whether carried on for profit ...

Georgia Code - Evidence - Title 24, Section 24-3-15

The term 'admissions' usually refers to civil cases. The term 'confessions' usually refers to criminal cases. ...

Georgia Code - Evidence - Title 24, Section 24-3-16

A statement made by a child under the age of 14 years describing any act of sexual contact or physical abuse performed with or on the child by ...

Georgia Code - Evidence - Title 24, Section 24-3-17

(a) A certified copy of any record of the Department of Public Safety or the Department of Driver Services or comparable agency in any other state is admissible ...

Georgia Code - Evidence - Title 24, Section 24-3-18

(a) Upon the trial of any civil case involving injury or disease, any medical report in narrative form which has been signed and dated by an examining or ...

Georgia Code - Evidence - Title 24, Section 24-3-30

Without offering the same in evidence, either party may avail himself of allegations or admissions made in the pleadings of the other. ...

Georgia Code - Evidence - Title 24, Section 24-3-31

The admission by a party to the record shall be admissible in evidence when offered by the other side, except in the following cases: (1) ...

Georgia Code - Evidence - Title 24, Section 24-3-32

Admissions by privies in blood, privies in estate, and privies in law shall be admissible as against the parties themselves. However, declarations by privies in estate after the ...

Georgia Code - Evidence - Title 24, Section 24-3-33

Admissions by an agent or attorney in fact, during the existence and in pursuance of his agency, shall be admissible against the principal. ...

Georgia Code - Evidence - Title 24, Section 24-3-34

Admissions by a real party in interest shall be admissible, even if he is not of record, subject to the exceptions stated in Code Section 24-3-31. ...

Georgia Code - Evidence - Title 24, Section 24-3-35

The following admissions by third persons, strangers to a suit, shall be received in evidence: (1) Statements made when a party refers another to such ...

Georgia Code - Evidence - Title 24, Section 24-3-36

Acquiescence or silence, when the circumstances require an answer, a denial, or other conduct, may amount to an admission. ...

Georgia Code - Evidence - Title 24, Section 24-3-37

Admissions obtained by constraint, by fraud, or by drunkenness induced for the purpose or admissions or propositions made with a view to a compromise are not proper evidence. ...

Georgia Code - Evidence - Title 24, Section 24-3-37.1

(a) The General Assembly finds that conduct, statements, or activity constituting voluntary offers of assistance or expressions of benevolence, regret, mistake, error, sympathy, or apology between or among ...

Georgia Code - Evidence - Title 24, Section 24-3-38

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 ...

Georgia Code - Evidence - Title 24, Section 24-3-50

To make a confession admissible, it must have been made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury. ...

Georgia Code - Evidence - Title 24, Section 24-3-51

The fact that a confession has been made under a spiritual exhortation, a promise of secrecy, or a promise of collateral benefit shall not exclude it. ...

Georgia Code - Evidence - Title 24, Section 24-3-52

The confession of one joint offender or conspirator made after the enterprise is ended shall be admissible only against himself. ...

Georgia Code - Evidence - Title 24, Section 24-3-53

All admissions shall be scanned with care, and confessions of guilt shall be received with great caution. A confession alone, uncorroborated by any other evidence, shall not justify ...

Georgia Code - Evidence - Title 24, Section 24-4-1

The burden of proof generally lies upon the party who is asserting or affirming a fact and to the existence of whose case or defense the proof of ...

Georgia Code - Evidence - Title 24, Section 24-4-2

What amount of evidence will change the onus or burden of proof is a question to be decided in each case by the sound discretion of the court. ...

Georgia Code - Evidence - Title 24, Section 24-4-3

Moral and reasonable certainty is all that can be expected in legal investigation. In all civil cases a preponderance of evidence is considered sufficient to produce mental conviction. ...

Georgia Code - Evidence - Title 24, Section 24-4-4

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 ...

Georgia Code - Evidence - Title 24, Section 24-4-5

Whether dependent upon direct or circumstantial evidence, the true question in criminal cases is not whether it is possible that the conclusion at which the evidence points may ...

Georgia Code - Evidence - Title 24, Section 24-4-6

To warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save ...

Georgia Code - Evidence - Title 24, Section 24-4-7

The existence of a fact testified to by one positive witness is to be believed, rather than that such fact did not exist because many other witnesses who ...

Georgia Code - Evidence - Title 24, Section 24-4-8

The testimony of a single witness is generally sufficient to establish a fact. However, in certain cases, including prosecutions for treason, prosecutions for perjury, and felony cases where ...

Georgia Code - Evidence - Title 24, Section 24-4-9

In arriving at a verdict, the jury, from facts proved, and sometimes from the absence of counter evidence, may infer the existence of other facts reasonably and logically ...

Georgia Code - Evidence - Title 24, Section 24-4-20

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 are exclusively questions ...

Georgia Code - Evidence - Title 24, Section 24-4-21

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 ...

Georgia Code - Evidence - Title 24, Section 24-4-22

If a party has evidence in his power and within his reach by which he may repel a claim or charge against him but omits to produce it, ...

Georgia Code - Evidence - Title 24, Section 24-4-23

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 ...

Georgia Code - Evidence - Title 24, Section 24-4-23.1

(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 ...

Georgia Code - Evidence - Title 24, Section 24-4-24

(a) Conclusive presumptions of law are termed estoppels; averments to the contrary of such presumptions shall not be allowed. Estoppels are not generally favored. (b) Estoppels ...

Georgia Code - Evidence - Title 24, Section 24-4-25

(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 must not only ...

Georgia Code - Evidence - Title 24, Section 24-4-26

Trustees and other representatives with custody of papers have ample opportunities to discover defects in the title of property in their care and are estopped from setting up ...

Georgia Code - Evidence - Title 24, Section 24-4-27

In order for an equitable estoppel to arise, there must generally be some intended deception in the conduct or declarations of the party to be estopped, or such ...

Georgia Code - Evidence - Title 24, Section 24-4-40

(a) Concordance of name alone is some evidence of identity. Residence, vocation, ownership of property, and other like facts may be proved. Reasonable certainty is all that can ...

Georgia Code - Evidence - Title 24, Section 24-4-41

An officer de facto may be proved to be such by his acts, without the production of his commission or appointment. ...

Georgia Code - Evidence - Title 24, Section 24-4-42

A judgment shall be admissible between any parties to show the fact of the rendition thereof; between parties and privies it is conclusive as to the matter directly ...

Georgia Code - Evidence - Title 24, Section 24-4-43

Stern´s United States calendar and Stafford´s office calendar shall be admissible in proof of dates for the space of time covered by them respectively without further proof. ...

Georgia Code - Evidence - Title 24, Section 24-4-44

In all civil cases where the life expectancy of a person shall be an issue, the American Experience Mortality Tables shall be admissible as evidence of the life ...

Georgia Code - Evidence - Title 24, Section 24-4-45

(a) In addition to any other lawful methods of computing the value of the life of a decedent in wrongful death cases or of determining the present value ...

Georgia Code - Evidence - Title 24, Section 24-4-46

All inspection certificates issued by the United States Department of Agriculture over the signature of any inspector thereof which are admissible in courts of the United States as ...

Georgia Code - Evidence - Title 24, Section 24-4-47

(a) A written finding of presumed death made by officers or employees of the United States authorized to make such findings pursuant to any law of the United ...

Georgia Code - Evidence - Title 24, Section 24-4-48

(a) For purposes of this Code section, 'unavailability of a witness' includes situations in which the authenticating witness: (1) Is exempted by ruling of the ...

Georgia Code - Evidence - Title 24, Section 24-4-60

(a) As used in this Code section, the term 'state correctional facility' means a penal institution under the jurisdiction of the Department of Corrections, including inmate work camps ...

Georgia Code - Evidence - Title 24, Section 24-4-61

(a) Each sample required pursuant to Code Section 24-4-60 from persons who are to be incarcerated shall be withdrawn within the first 30 days of incarceration at the ...

Georgia Code - Evidence - Title 24, Section 24-4-62

Whether or not the results of an analysis are to be included in the data bank, the bureau shall conduct the DNA analysis in accordance with procedures adopted ...

Georgia Code - Evidence - Title 24, Section 24-4-63

(a) It shall be the duty of the bureau to receive samples and to analyze, classify, and file the results of DNA identification characteristics of samples submitted pursuant ...

Georgia Code - Evidence - Title 24, Section 24-4-64

(a) Any person who, without authority, disseminates information contained in the data bank shall be guilty of a misdemeanor. Any person who disseminates, receives, or otherwise uses or ...

Georgia Code - Evidence - Title 24, Section 24-4-65

A person whose DNA profile has been included in the data bank pursuant to this article may request that it be expunged on the grounds that the conviction ...

Georgia Code - Evidence - Title 24, Section 24-5-1

(a) Primary evidence is such as in itself does not indicate the existence of other and better proof. (b) Secondary evidence is such as from ...

Georgia Code - Evidence - Title 24, Section 24-5-2

In order to admit secondary evidence, it shall appear that the primary evidence for some sufficient cause is not accessible to the diligence of the party. This showing ...

Georgia Code - Evidence - Title 24, Section 24-5-3

Cases of necessity or manifest convenience, resting on principles of reason and justice, may be made exceptions to the general rule requiring the production of primary evidence. ...

Georgia Code - Evidence - Title 24, Section 24-5-4

(a) The best evidence which exists of a writing sought to be proved shall be produced, unless its absence shall be satisfactorily accounted for. (b) Written ...

Georgia Code - Evidence - Title 24, Section 24-5-5

There are degrees in secondary evidence. The best secondary evidence should always be produced. A duplicate is better than a copy and an examined copy is better than ...

Georgia Code - Evidence - Title 24, Section 24-5-20

(a) Exemplifications made by public officers of records, documents, papers, or other matters in their respective offices, pursuant to Code Sections 24-7-20 and 24-7-21 or in the manner ...

Georgia Code - Evidence - Title 24, Section 24-5-21

If a paper shall have been lost or destroyed, proof of the fact to the court shall admit secondary evidence. The question of diligence is one for the ...

Georgia Code - Evidence - Title 24, Section 24-5-22

(a) If the properly registered original of any paper is lost or destroyed, a certified copy from the registry shall be deemed good secondary evidence. (b) ...

Georgia Code - Evidence - Title 24, Section 24-5-23

(a) When a record has been burned or otherwise destroyed, its contents may be proved by secondary evidence which does not disclose the existence of other and better ...

Georgia Code - Evidence - Title 24, Section 24-5-24

(a) Whenever the book containing the record of any deed, will, execution, or other paper, the record of which is provided for by law, is destroyed or lost, ...

Georgia Code - Evidence - Title 24, Section 24-5-25

The existence of a genuine original is essential to the admissibility of a copy. The amount of evidence to show such existence must vary with the circumstances of ...

Georgia Code - Evidence - Title 24, Section 24-5-26

Any photostatic, microphotographic, photographic, or optical image reproduction of any original writing or record made in the regular course of business to preserve the writing or record shall ...

Georgia Code - Evidence - Title 24, Section 24-5-27

A certified copy of a deed or any other instrument affecting real property which has been properly recorded in the office of the clerk of the superior court ...

Georgia Code - Evidence - Title 24, Section 24-5-28

A certified copy of a deed more than 30 years old, where the deed has been recorded more than 30 years and possession has been consistent with the ...

Georgia Code - Evidence - Title 24, Section 24-5-29

(a) When any portion of the contents of the books or records of any incorporated company located in this state is material and competent evidence in any civil ...

Georgia Code - Evidence - Title 24, Section 24-5-30

Copies of letters testamentary, letters of administration, and letters of guardianship shall be primary evidence of the fact of administration and guardianship to the same extent as the ...

Georgia Code - Evidence - Title 24, Section 24-5-31

Copies of records of judicial proceedings and wills admitted to probate shall be admitted as primary evidence, when properly authenticated. In all other cases a copy shall be ...

Georgia Code - Evidence - Title 24, Section 24-5-32

Inscriptions on walls, monuments, and other fixed objects may be proved by copies established as such. ...

Georgia Code - Evidence - Title 24, Section 24-5-33

A certified copy of any discharge from the military service of the United States, when the original is lost or destroyed, shall be admitted in evidence in any ...

Georgia Code - Evidence - Title 24, Section 24-6-1

Parol contemporaneous evidence is generally inadmissible to contradict or vary the terms of a valid written instrument. ...

Georgia Code - Evidence - Title 24, Section 24-6-2

If the writing does not purport to contain all the stipulations of the contract, parol evidence shall be admissible to prove other portions thereof not inconsistent with the ...

Georgia Code - Evidence - Title 24, Section 24-6-3

(a) All contemporaneous writings shall be admissible to explain each other. (b) Parol evidence shall be admissible to explain all ambiguities, both latent and patent. ...

Georgia Code - Evidence - Title 24, Section 24-6-4

The surrounding circumstances are always proper subjects of proof to aid in the construction of contracts. ...

Georgia Code - Evidence - Title 24, Section 24-6-5

Evidence of known and established usage shall be admissible to aid in the construction of contracts as well as to annex incidents. ...

Georgia Code - Evidence - Title 24, Section 24-6-6

Parol evidence shall be admissible to rebut an equity, to discharge an entire contract, to prove a new and distinct subsequent agreement, to enlarge the time of performance, ...

Georgia Code - Evidence - Title 24, Section 24-6-7

Parol evidence is admissible to prove a mistake in a deed or any other contract required by law to be in writing. ...

Georgia Code - Evidence - Title 24, Section 24-6-8

Parol evidence shall be admissible to show that a writing either was originally void or subsequently became so. ...

Georgia Code - Evidence - Title 24, Section 24-6-9

Receipts for money are always only prima-facie evidence of payment and may be denied or explained by parol. ...

Georgia Code - Evidence - Title 24, Section 24-6-10

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. ...

Georgia Code - Evidence - Title 24, Section 24-7-1

Generally, an original writing shall be produced and its execution proved. Exceptions are prescribed by law. ...

Georgia Code - Evidence - Title 24, Section 24-7-2

If a paper appears to have been altered materially, unless it is the paper sued on and no plea of non est factum is filed, the party offering ...

Georgia Code - Evidence - Title 24, Section 24-7-3

The production of a paper by the opposite party, if he claims any benefit under it, dispenses with the necessity of proof. The notice to produce shall dispense ...

Georgia Code - Evidence - Title 24, Section 24-7-4

The subscribing witness shall be produced in all cases except the following: (1) Ancient writings which prove themselves; (2) If from any cause ...

Georgia Code - Evidence - Title 24, Section 24-7-5

Whenever the subscribing witnesses to an instrument in writing are dead, insane, incompetent, or inaccessible or, being produced, do not recollect the transaction, proof of the actual signing ...

Georgia Code - Evidence - Title 24, Section 24-7-6

Proof of handwriting may be resorted to in the absence of direct evidence of execution. In such case, any witness who shall swear that he knows or would ...

Georgia Code - Evidence - Title 24, Section 24-7-7

Other writings proved or acknowledged to be genuine may be admitted in evidence for the purpose of comparison by the jury. Such other papers, when intended to be ...

Georgia Code - Evidence - Title 24, Section 24-7-8

(a) As used in this Code section, the term 'medical records' means all written clinical information which relates to the treatment of individuals, when such information is kept ...

Georgia Code - Evidence - Title 24, Section 24-7-9

(a) Upon the trial of any civil case involving injury or disease, the patient or the member of his family or other person responsible for the care of ...

Georgia Code - Evidence - Title 24, Section 24-7-20

The certificate or attestation of any public officer, either of this state or any county thereof, shall give sufficient validity or authenticity to any copy or transcript of ...

Georgia Code - Evidence - Title 24, Section 24-7-21

Exemplifications of the records and minutes of municipal corporations of this state, when certified under seal by the clerks or keepers of such records, shall be admitted in ...

Georgia Code - Evidence - Title 24, Section 24-7-22

When certified by a public officer, clerk, or keeper of the county or municipal records specified in Code Section 24-7-20 or 24-7-21 and in the absence of contrary ...

Georgia Code - Evidence - Title 24, Section 24-7-23

All notarial acts of notaries public in relation to bills of exchange, drafts, and promissory notes, required to be done by law, may be proved by the certificate ...

Georgia Code - Evidence - Title 24, Section 24-7-24

(a)(1) The acts of the legislature of any other state, territory, or possession of the United States shall be authenticated by affixing the seal of such state, territory, ...

Georgia Code - Evidence - Title 24, Section 24-7-25

(a)(1) All nonjudicial records or books, or copies thereof, kept in any public office of any state, territory, or possession of the United States shall be proved or ...

Georgia Code - Evidence - Title 24, Section 24-7-26

(a) The official certificate of a justice of the peace of any state of the United States to any judgment, and the preliminary proceedings before him, with the ...

Georgia Code - Evidence - Title 24, Section 24-7-27

Records of the Department of Corrections, or authenticated copies thereof, when certified in accordance with the terms of subsection (d) of Code Section 42-5-36, shall be admissible as ...

Georgia Code - Evidence - Title 24, Section 24-8-1

Where any public records have been lost, mutilated, stolen, or destroyed, the superior court of the county where the records belong may establish copies. When so established, such ...

Georgia Code - Evidence - Title 24, Section 24-8-2

The judge of the probate court of the county may bring a petition which may be heard and determined at the first term after or during which the ...

Georgia Code - Evidence - Title 24, Section 24-8-3

The petition shall set forth the fact that some portion of the records has been lost, mutilated, stolen, or destroyed, specifying as nearly as may be possible the ...

Georgia Code - Evidence - Title 24, Section 24-8-4

The court or the judge thereof may appoint an auditor in all cases where he shall deem it proper, who shall hear evidence, summon witnesses, and compel the ...

Georgia Code - Evidence - Title 24, Section 24-8-5

The auditor shall receive for his services such compensation as may be allowed by the court, to be paid out of the public funds of the county. ...

Georgia Code - Evidence - Title 24, Section 24-8-6

Any person who is adversely interested in the report of the auditor or who claims that there is any mistake in the report shall have the right to ...

Georgia Code - Evidence - Title 24, Section 24-8-20

(a) Upon the loss of any original pleading, declaration, bill of indictment, special presentment, or other office paper, a copy may be established instanter on motion. ...

Georgia Code - Evidence - Title 24, Section 24-8-21

(a) The owner, agent of the owner, or legal representative of the owner of any bond, bill, note, draft, check, or other evidence of indebtedness which has been ...

Georgia Code - Evidence - Title 24, Section 24-8-22

When the person alleged to be a debtor or maker of a lost or destroyed paper as set forth in Code Section 24-8-21 does not reside in this ...

Georgia Code - Evidence - Title 24, Section 24-8-23

Reserved. ...

Georgia Code - Evidence - Title 24, Section 24-8-24

(a) The owner of a lost or destroyed paper which is not an office paper as defined in Code Section 24-8-20 who desires to establish the same shall ...

Georgia Code - Evidence - Title 24, Section 24-8-25

In a proceeding to establish lost papers under Code Section 24-8-24, no continuance shall be granted unless it appears reasonable and just to the court; nor shall a ...

Georgia Code - Evidence - Title 24, Section 24-8-26

When a rule nisi has been duly served as provided in Code Section 24-8-24, the court shall grant a rule absolute establishing the copy of the lost or ...

Georgia Code - Evidence - Title 24, Section 24-8-27

When the copy of the lost or destroyed paper is established, the clerk of the court in which it is done shall furnish the copy to the party ...

Georgia Code - Evidence - Title 24, Section 24-8-28

(a) If the paper which has been lost or destroyed is a note, bill, bond, or other instrument upon which an action may be brought, the owner may ...

Georgia Code - Evidence - Title 24, Section 24-8-29

In all cases for the purpose of establishing any lost or destroyed paper other than an office paper as defined in Code Section 24-8-20, any person whose interest ...

Georgia Code - Evidence - Title 24, Section 24-8-30

Other than Code Section 24-8-20, this article shall not apply to lost or destroyed papers to which Title 11 is applicable. ...

Georgia Code - Evidence - Title 24, Section 24-9-1

(a) No person offered as a witness shall be excluded by reason of incapacity, for crime or interest or from being a party, from giving evidence, either in ...

Georgia Code - Evidence - Title 24, Section 24-9-2

In any civil proceeding a husband and wife shall each be competent to testify to the adultery of the other; and a party shall be competent to testify ...

Georgia Code - Evidence - Title 24, Section 24-9-3

Religious belief shall go only to the credit of a witness. ...

Georgia Code - Evidence - Title 24, Section 24-9-4

No physical defect in any of the senses shall incapacitate a witness. An interpreter may explain the evidence of such witness. ...

Georgia Code - Evidence - Title 24, Section 24-9-5

(a) Except as provided in subsection (b) of this Code section, persons who do not have the use of reason, such as idiots, lunatics during lunacy, and children ...

Georgia Code - Evidence - Title 24, Section 24-9-6

Drunkenness, which dethrones reason and memory, shall incapacitate during its continuance. ...

Georgia Code - Evidence - Title 24, Section 24-9-7

(a) The competency of a witness shall be decided by the court. The court shall by examination decide upon the capacity of one alleged to be incompetent from ...

Georgia Code - Evidence - Title 24, Section 24-9-20

(a) No person who is charged in any criminal proceeding with the commission of any indictable offense or any offense punishable on summary conviction shall be compellable to ...

Georgia Code - Evidence - Title 24, Section 24-9-21

There are certain admissions and communications excluded on grounds of public policy. Among these are: (1) Communications between husband and wife; (2) ...

Georgia Code - Evidence - Title 24, Section 24-9-22

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 ...

Georgia Code - Evidence - Title 24, Section 24-9-23

(a) Husband and wife shall be competent but shall not be compellable to give evidence in any criminal proceeding for or against each other. (b) ...

Georgia Code - Evidence - Title 24, Section 24-9-24

Communications to any attorney or to his employee to be transmitted to the attorney pending his employment or in anticipation thereof shall never be heard by the court. ...

Georgia Code - Evidence - Title 24, Section 24-9-25

No attorney shall be competent or compellable to testify for or against his client to any matter or thing, the knowledge of which he may have acquired from ...

Georgia Code - Evidence - Title 24, Section 24-9-26

Law enforcement officers testifying before any court in any criminal proceedings shall not be compelled to reveal their home address but may be required to divulge the business ...

Georgia Code - Evidence - Title 24, Section 24-9-27

(a) No party or witness shall be required to testify as to any matter which may criminate or tend to criminate himself or which shall tend to bring ...

Georgia Code - Evidence - Title 24, Section 24-9-28

(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 ...

Georgia Code - Evidence - Title 24, Section 24-9-29

No veterinarian licensed under Chapter 50 of Title 43 shall be required to disclose any information concerning the veterinarian´s care of an animal except on written authorization or ...

Georgia Code - Evidence - Title 24, Section 24-9-30

Any person, company, or other entity engaged in the gathering and dissemination of news for the public through a newspaper, book, magazine, or radio or television broadcast shall ...

Georgia Code - Evidence - Title 24, Section 24-9-40

(a) No physician licensed under Chapter 34 of Title 43 and no hospital or health care facility, including those operated by an agency or bureau of the state ...

Georgia Code - Evidence - Title 24, Section 24-9-40.1

AIDS confidential information as defined in Code Section 31-22-9.1 and disclosed or discovered within the patient-physician relationship shall be confidential and shall not be disclosed except as otherwise ...

Georgia Code - Evidence - Title 24, Section 24-9-40.2

(a) The General Assembly finds and declares that protecting the confidentiality of research data from disclosure in administrative proceedings, civil and criminal judicial proceedings, and quasi-judicial proceedings is ...

Georgia Code - Evidence - Title 24, Section 24-9-41

As used in this Code section and Code Sections 24-9-42 through 24-9-45, the term: (1) 'Confidential or privileged' means the protection afforded by law from unauthorized ...

Georgia Code - Evidence - Title 24, Section 24-9-42

The disclosure of confidential or privileged medical matter constituting all or part of a record kept by a health care facility, a nurse, or a physician, pursuant to ...

Georgia Code - Evidence - Title 24, Section 24-9-43

Persons to whom confidential or privileged medical matter is disclosed in the circumstances described in Code Section 24-9-42 shall utilize such matter only in connection with the purpose ...

Georgia Code - Evidence - Title 24, Section 24-9-44

Any person, corporation, authority, or other legal entity acting in good faith shall be immune from liability for the transmission, receipt, or use of medical matter disclosed pursuant ...

Georgia Code - Evidence - Title 24, Section 24-9-45

Nothing in Code Sections 24-9-41 through 24-9-44 and this Code section shall be construed to prevent the customary and usual audit, discussion, and presentation of cases in connection ...

Georgia Code - Evidence - Title 24, Section 24-9-46

(a) Circulation and similar records of a library which identify the user of library materials shall not be public records but shall be confidential and may not be ...

Georgia Code - Evidence - Title 24, Section 24-9-47

(a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1. ...

Georgia Code - Evidence - Title 24, Section 24-9-60

The sanction of an oath or affirmation equivalent thereto shall be necessary to the reception of any oral evidence. The court may frame such affirmation according to the ...

Georgia Code - Evidence - Title 24, Section 24-9-61

Except as otherwise provided in Code Section 24-9-61.1, in all cases either party shall have the right to have the witnesses of the other party examined out of ...

Georgia Code - Evidence - Title 24, Section 24-9-61.1

(a) The victim of a criminal offense may be entitled to be present in any court exercising jurisdiction over such offense. It shall be within the sole discretion ...

Georgia Code - Evidence - Title 24, Section 24-9-62

It shall be the right of a witness to be examined only as to relevant matter and to be protected from improper questions and from harsh or insulting ...

Georgia Code - Evidence - Title 24, Section 24-9-63

Leading questions are generally allowed only in cross-examination. However, the court may exercise discretion in granting the right to the party calling the witness and in refusing it ...

Georgia Code - Evidence - Title 24, Section 24-9-64

The right of a thorough and sifting cross-examination shall belong to every party as to the witnesses called against him. If several parties to the same case have ...

Georgia Code - Evidence - Title 24, Section 24-9-65

Where the question under examination, and to be decided by the jury, shall be one of opinion, any witness may swear to his opinion or belief, giving his ...

Georgia Code - Evidence - Title 24, Section 24-9-66

Direct testimony as to market value is in the nature of opinion evidence. One need not be an expert or dealer in the article in question but may ...

Georgia Code - Evidence - Title 24, Section 24-9-67

In criminal cases, the opinions of experts on any question of science, skill, trade, or like questions shall always be admissible; and such opinions may be given on ...

Georgia Code - Evidence - Title 24, Section 24-9-67.1

(a) The provisions of this Code section shall apply in all civil actions. The opinion of a witness qualified as an expert under this Code section may be given ...

Georgia Code - Evidence - Title 24, Section 24-9-68

The state of a witness´s feelings toward the parties and his relationship to them may always be proved for the consideration of the jury. ...

Georgia Code - Evidence - Title 24, Section 24-9-69

A witness may refresh and assist his memory by the use of any written instrument or memorandum, provided he shall finally speak from his recollection thus refreshed or ...

Georgia Code - Evidence - Title 24, Section 24-9-70

If on direct examination of a witness objection is made to the admissibility of evidence, neither cross-examination of the witness on the same subject matter nor the introduction ...

Georgia Code - Evidence - Title 24, Section 24-9-80

The credibility of a witness is a matter to be determined by the jury under proper instructions from the court. ...

Georgia Code - Evidence - Title 24, Section 24-9-81

Any party, including the party calling the witness, may attack the credibility of a witness. In the trial of all civil cases, either plaintiff or defendant shall be ...

Georgia Code - Evidence - Title 24, Section 24-9-82

A witness may be impeached by disproving the facts testified to by him. ...

Georgia Code - Evidence - Title 24, Section 24-9-83

A witness may be impeached by contradictory statements previously made by him as to matters relevant to his testimony and to the case. Before contradictory statements may be ...

Georgia Code - Evidence - Title 24, Section 24-9-84

Any party may impeach the credibility of a witness by offering evidence of the witnesśs bad character in the form of reputation, but subject to the following limitations: ...

Georgia Code - Evidence - Title 24, Section 24-9-84.1

(a) General rule. For the purpose of attacking the credibility of a witness, or of the defendant, if the defendant testifies: (1) Evidence that a witness ...

Georgia Code - Evidence - Title 24, Section 24-9-85

(a) When a witness shall be successfully contradicted as to a material matter, his credit as to other matters shall be for the jury. The credit to be ...

Georgia Code - Evidence - Title 24, Section 24-9-100

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 ...

Georgia Code - Evidence - Title 24, Section 24-9-101

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, ...

Georgia Code - Evidence - Title 24, Section 24-9-102

(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 ...

Georgia Code - Evidence - Title 24, Section 24-9-103

(a) The arresting law enforcement agency shall provide a qualified interpreter to any hearing impaired person whenever the hearing impaired person is taken into custody for allegedly violating ...

Georgia Code - Evidence - Title 24, Section 24-9-104

(a) A court shall provide a qualified interpreter to any hearing impaired person whenever the hearing impaired person has been provided with a court appointed legal counsel. The ...

Georgia Code - Evidence - Title 24, Section 24-9-105

Whenever a hearing impaired person shall be authorized a qualified interpreter, such person may waive the right to the use of such interpreter. Any such waiver shall be ...

Georgia Code - Evidence - Title 24, Section 24-9-106

(a) Whenever a hearing impaired person shall be authorized a qualified interpreter, the agency, law enforcement agency, or court shall determine whether the qualified interpreter so provided is ...

Georgia Code - Evidence - Title 24, Section 24-9-107

(a) Prior to providing any service to a hearing impaired person, any qualified interpreter or intermediary interpreter shall subscribe to an oath that he will interpret all communications ...

Georgia Code - Evidence - Title 24, Section 24-9-108

(a) Any qualified interpreter or intermediary interpreter providing service under this article shall be compensated by the agency, law enforcement agency, or court requesting such service. Compensation shall ...

Georgia Code - Evidence - Title 24, Section 24-10-1

A witness shall not be arrested on any civil process while going to or returning from and attending on any court. An officer who holds him imprisoned after ...

Georgia Code - Evidence - Title 24, Section 24-10-2

Female witnesses in civil cases pending in the courts of this state shall be required to attend in person under the same conditions and requirements that apply to ...

Georgia Code - Evidence - Title 24, Section 24-10-2.1

A witness in making a claim or proof of a claim for fees for attendance shall indicate the date on which he attended and, in the event of ...

Georgia Code - Evidence - Title 24, Section 24-10-3

(a) A witness shall not receive any fees whatever for attendance on a subpoena if he is absent from the trial, or if the trial is continued at ...

Georgia Code - Evidence - Title 24, Section 24-10-4

A witness who claims more than is due to him shall forfeit all his fees and shall pay to the injured party, in addition thereto, four times the ...

Georgia Code - Evidence - Title 24, Section 24-10-5

When any person is served with a subpoena for the production of evidence or a notice to produce, seeking books in his possession to be used as testimony ...

Georgia Code - Evidence - Title 24, Section 24-10-6

When the transcript provided for in Code Section 24-10-5 is produced in court, if the adverse party is dissatisfied therewith and swears that he believes that the books ...

Georgia Code - Evidence - Title 24, Section 24-10-7

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 ...

Georgia Code - Evidence - Title 24, Section 24-10-20

(a) Every subpoena shall be issued by the clerk under the seal of the court, shall state the name of the court and the title of the action, ...

Georgia Code - Evidence - Title 24, Section 24-10-21

At the request of any party, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court in which the hearing or ...

Georgia Code - Evidence - Title 24, Section 24-10-22

(a) A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein. (b) ...

Georgia Code - Evidence - Title 24, Section 24-10-23

A subpoena may be served by any sheriff, by his deputy, or by any other person not less than 18 years of age. Proof may be shown by ...

Georgia Code - Evidence - Title 24, Section 24-10-24

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 ...

Georgia Code - Evidence - Title 24, Section 24-10-25

(a) Subpoenas may be enforced by attachment for contempt and by a fine not exceeding $300.00 and imprisonment not exceeding 20 days. In all cases under this Code ...

Georgia Code - Evidence - Title 24, Section 24-10-26

Where a party desires to compel production of books, writings, or other documents or tangible things in the possession, custody, or control of another party, in lieu of ...

Georgia Code - Evidence - Title 24, Section 24-10-27

(a) Notwithstanding any other provision in this article, any member of a municipal or county police force or any deputy sheriff or any campus policeman as defined in ...

Georgia Code - Evidence - Title 24, Section 24-10-27.1

(a) Notwithstanding any other provision in this article, any member of the Georgia State Patrol or Georgia Bureau of Investigation, any correctional officer, any person employed by the ...

Georgia Code - Evidence - Title 24, Section 24-10-28

No member of the General Assembly of Georgia shall be compelled to attend and give testimony at any hearing or trial or to produce books, papers, documents, or ...

Georgia Code - Evidence - Title 24, Section 24-10-29

This article shall apply to all civil cases and, insofar as consistent with the Constitution, to all criminal cases. ...

Georgia Code - Evidence - Title 24, Section 24-10-40

(a) Any party to an application for injunction, motion for new trial, or other case tried only on affidavits who desires to introduce into evidence the affidavit of ...

Georgia Code - Evidence - Title 24, Section 24-10-41

If the witness whose affidavit is desired resides out of the county in which the case is pending or falls within any of the classes for whom interrogatories ...

Georgia Code - Evidence - Title 24, Section 24-10-42

If, due to the condition of his health or the nature of his business, it is not possible to secure the attendance of the witness without manifest inconvenience ...

Georgia Code - Evidence - Title 24, Section 24-10-43

The fees of the officer shall be paid by the party desiring the testimony and may be taxed against the party against whom costs are taxed on the ...

Georgia Code - Evidence - Title 24, Section 24-10-44

The provisions of this chapter in relation to subpoenas for the production of evidence and notices to produce shall be applicable to the cases specified in Code Section ...

Georgia Code - Evidence - Title 24, Section 24-10-45

Any witness summoned under Code Sections 24-10-40 through 24-10-44 who fails or refuses to obey the subpoena shall be liable for the penalties prescribed in the case of ...

Georgia Code - Evidence - Title 24, Section 24-10-60

(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 ...

Georgia Code - Evidence - Title 24, Section 24-10-61

Any judge of the superior court may issue his order to any officer having a lawfully imprisoned person in his custody, requiring the production of such person before ...

Georgia Code - Evidence - Title 24, Section 24-10-62

The writ of habeas corpus ad testificandum may be issued by the superior court to cause the production in court of any witness under legal imprisonment. ...

Georgia Code - Evidence - Title 24, Section 24-10-70

As used in this article, the term: (1) 'Institution' shall have the meaning set forth in paragraph (1) of Code Section 31-7-1 and shall also ...

Georgia Code - Evidence - Title 24, Section 24-10-71

(a) Where it appears that medical records for which a subpoena or order for production has been issued should be kept in an institution as reasonably necessary for ...

Georgia Code - Evidence - Title 24, Section 24-10-72

(a) An institution, as such, and its personnel shall be in compliance with a subpoena or order for production if it shows timely delivery of the medical records ...

Georgia Code - Evidence - Title 24, Section 24-10-73

The court or agency compelling the production of medical records or of reproductions thereof pursuant to subsections (a) and (c) of Code Section 24-10-71 shall in civil cases ...

Georgia Code - Evidence - Title 24, Section 24-10-74

When medical records are removed from any institution to the custody of a court pursuant to a subpoena or order, the records so removed shall be kept in ...

Georgia Code - Evidence - Title 24, Section 24-10-75

This article applies to all situations for which subpoenas may issue or for which production may be sought, including, but not limited to, trials, hearings, and discovery. ...

Georgia Code - Evidence - Title 24, Section 24-10-76

(a) Nothing in this article shall be deemed to restrict the admissibility of evidence heretofore determined admissible by law nor to be in derogation of the right of ...

Georgia Code - Evidence - Title 24, Section 24-10-90

This article shall be known and may be cited as 'The Uniform Act to Secure the Attendance of Witnesses from Without the State.' ...

Georgia Code - Evidence - Title 24, Section 24-10-91

As used in this article, the term: (1) 'Penal institution' means a jail, prison, penitentiary, house of correction, or other place of penal detention. ...

Georgia Code - Evidence - Title 24, Section 24-10-92

(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 ...

Georgia Code - Evidence - Title 24, Section 24-10-93

(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 ...

Georgia Code - Evidence - Title 24, Section 24-10-94

(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 ...

Georgia Code - Evidence - Title 24, Section 24-10-95

(a) If a person confined in a penal institution in any other state is a material witness in a criminal action pending in a court of record or ...

Georgia Code - Evidence - Title 24, Section 24-10-96

(a) If a person comes into this state in obedience to a summons directing him to attend and testify in this state, he shall not while in this ...

Georgia Code - Evidence - Title 24, Section 24-10-97

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it and shall be ...

Georgia Code - Evidence - Title 24, Section 24-10-110

This article may be cited as the 'Uniform Foreign Depositions Act.' ...

Georgia Code - Evidence - Title 24, Section 24-10-111

Whenever any mandate, writ, or commission is issued out of any court of record in any other state, territory, district, or foreign jurisdiction, or whenever upon notice or ...

Georgia Code - Evidence - Title 24, Section 24-10-112

This article shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it. ...

Georgia Code - Evidence - Title 24, Section 24-10-130

(a)(1) At any time after a defendant has been charged with an offense against the laws of this state or an ordinance of any political subdivision or authority ...

Georgia Code - Evidence - Title 24, Section 24-10-131

(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 ...

Georgia Code - Evidence - Title 24, Section 24-10-132

(a) If a defendant is financially unable to employ counsel, the court shall appoint counsel as provided in the uniform rules of the courts, unless the defendant elects ...

Georgia Code - Evidence - Title 24, Section 24-10-133

Except as provided in Code Section 24-10-137, a deposition shall be taken and filed in the manner provided in civil actions, provided that (1) in no event shall ...

Georgia Code - Evidence - Title 24, Section 24-10-134

The state shall make available to the defendant, for his examination and use at the taking of the deposition, any statement of the witness being deposed which is ...

Georgia Code - Evidence - Title 24, Section 24-10-135

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 ...

Georgia Code - Evidence - Title 24, Section 24-10-136

Objections to receiving in evidence a deposition or part thereof may be made as provided in civil actions. ...

Georgia Code - Evidence - Title 24, Section 24-10-137

(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. ...

Georgia Code - Evidence - Title 24, Section 24-10-138

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 ...

Georgia Code - Evidence - Title 24, Section 24-10-139

It is the intent of the General Assembly that depositions shall be taken in criminal cases only in exceptional circumstances when it is in the interest of justice ...

Georgia Code - Evidence - Title 24, Section 24-10-150

Superior courts may entertain proceedings for the perpetuation of testimony in all cases in which the fact to which the testimony relates cannot immediately be made the subject ...

Georgia Code - Evidence - Title 24, Section 24-10-151

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. ...

Georgia Code - Evidence - Title 24, Section 24-10-152

The possession of the property is immaterial; nor shall the proceeding be denied though all parties in interest cannot be ascertained or reached. ...

Georgia Code - Evidence - Title 24, Section 24-10-153

Testimony taken in the proceedings contemplated under Code Section 24-10-150 shall be used only from the necessity of the case, but in such case may be used against ...

Georgia Code - Evidence - Title 24, Section 24-10-154

The complainant shall in all cases be taxed with the costs of proceedings to perpetuate testimony. ...

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Last modified: May 3, 2006