Georgia Rules of Evidence
Current through July 1, 2024
Part 1 · General Provisions
Part 10 · Best Evidence Rule
- 24-10-1001 Definitions
- 24-10-1002 Requirement of original
- 24-10-1003 Admissibility of duplicates
- 24-10-1004 Admissibility of other evidence of contents of a writing, recording, or photograph
- 24-10-1005 Public records
- 24-10-1006 Summaries
- 24-10-1007 Testimony or written admission of party
- 24-10-1008 Functions of court and jury
Part 11 · Establishment of Lost Records
- 24-11-1 Definitions
- 24-11-2 Establishment of lost records
- 24-11-20 Establishment of lost office papers
- 24-11-21 Summary establishment of lost or destroyed evidence of indebtedness in probate court - Petition; service of notice; hearing and decision; recordation; appeal to superior court Deadlines
- 24-11-22 Summary establishment of lost or destroyed evidence of indebtedness in probate court - Service of nonresidents; effect Deadlines
- 24-11-23 Establishment of lost or destroyed paper in superior court - Petition and affidavit; issuance and service of rule nisi Deadlines
- 24-11-24 Establishment of lost or destroyed paper in superior court - When continuance granted
- 24-11-25 Establishment of lost or destroyed paper
- 24-11-26 Establishment of lost or destroyed paper - Furnishing of certified endorsement of copy
- 24-11-27 Procedure as to action on lost or destroyed note, bill, bond, or other instrument
- 24-11-28 Joinder of additional party defendants in proceedings to establish lost or destroyed papers
- 24-11-29 Applicability of article
- 24-11-3 Appointment of auditor; hearing; establishment of duplicates
Part 12 · Medical and Other Confidential Information
- 24-12-1 When medical information may be released by physician, hospital, health care facility, or pharmacist; immunity from liability; waiver of privilege; psychiatrists and hospitals excepted
- 24-12-10 Definitions
- 24-12-11 Disclosure of medical records - Effect on confidential or privileged character thereof
- 24-12-12 Disclosure of medical records - Use of medical matter disclosed
- 24-12-13 Disclosure of medical records - Immunity from liability
- 24-12-14 Disclosure of medical records - Use for educational purposes not precluded
- 24-12-2 Confidentiality of raw research data
- 24-12-20 Confidential nature of AIDS information
- 24-12-21 Disclosure of AIDS confidential information Deadlines
- 24-12-30 Confidential nature of certain library records
- 24-12-31 Confidential nature of veterinarian records; disclosure of rabies vaccination record Deadlines
Part 13 · Securing Attendance of Witnesses
- 24-13-1 Freedom of witnesses from arrest
- 24-13-110 Short title
- 24-13-111 Definitions
- 24-13-112 Requirements for issuance of foreign subpoenas; application
- 24-13-113 Compelling foreign witness to appear and testify
- 24-13-114 Service of foreign subpoena
- 24-13-116 Protective order or enforcement, quashing, or modification of foreign subpoena
- 24-13-130 When deposition to preserve testimony in criminal proceedings may be taken Deadlines
- 24-13-131 Notice of deposition; presence of defendant at examination; child witness
- 24-13-132 Appointment of counsel; payment of costs and expenses
- 24-13-133 Manner of taking and filing deposition
- 24-13-134 Availability to state and defendant of deponent's previous statements
- 24-13-135 Admissibility and use of deposition
- 24-13-136 Objections to admission of deposition
- 24-13-137 Recordation of deposition
- 24-13-138 Agreement of parties to deposition
- 24-13-139 Depositions taken only in exceptional circumstances; misuse of procedures
- 24-13-150 When proceedings to perpetuate testimony may be had
- 24-13-151 Inadequacy of usual proceeding to be shown
- 24-13-152 Materiality of possession of property; of availability of parties in interest
- 24-13-153 Use of testimony
- 24-13-154 Costs of proceedings
- 24-13-2 Procedure for claiming witness fees
- 24-13-20 Applicability
- 24-13-21 Subpoena for attendance of witnesses - Form; issuance; subpoena in blank Deadlines
- 24-13-22 Subpoena for attendance of witnesses - Attendance at hearing or trial; where served
- 24-13-23 Subpoena for production of documentary evidence; motion to quash or modify
- 24-13-24 Service of subpoenas Deadlines
- 24-13-25 Fees and mileage; when tender required Deadlines
- 24-13-26 Enforcement of subpoenas; continuance; secondary evidence of books, papers, or documents Deadlines
- 24-13-27 Notice to produce
- 24-13-28 Witness fees for law enforcement officers Deadlines
- 24-13-29 Legislators' exemption
- 24-13-3 Witness fee exceptions
- 24-13-4 Penalty for excessive witness fee claim
- 24-13-5 Production of evidence when item not available; oath
- 24-13-6 Procedure when adverse party dissatisfied with response pursuant to Code Section 24-13-5
- 24-13-60 Order requiring prisoner's delivery to serve as witness or criminal defendant generally; expenses; prisoner under death sentence as witness Deadlines
- 24-13-61 Issuance of order requiring prisoner's delivery to serve as witness in superior court
- 24-13-62 Issuance of writ of habeas corpus requiring prisoner's delivery to serve as witness in superior court
- 24-13-7 Withdrawal of originals introduced in evidence; substitution of copies; discretion of court
- 24-13-90 Short title
- 24-13-91 Definitions
- 24-13-92 Criminal or grand jury proceeding in foreign state - Certificate of need for testimony; expenses; punishment
- 24-13-93 Criminal or grand jury proceeding in foreign state - Certificate of need for prisoner's testimony; order by judge in requesting state; applicability
- 24-13-94 Criminal or grand jury proceeding in this state - Issuance of certificate; how long witness detained; punishment
- 24-13-95 Criminal or grand jury proceeding in this state - Issuance of certificate seeking testimony of prisoner; notice to attorney general; order of compliance
- 24-13-96 Exemption of witnesses from arrest and service of process
- 24-13-97 Construction
Part 14 · Proof Generally
- 24-14-1 On whom burden of proof lies
- 24-14-2 Change of burden in discretion of court
- 24-14-20 Presumptions of law and of fact distinguished
- 24-14-21 Rebuttable presumptions of law Deadlines
- 24-14-22 Presumption from failure to produce evidence
- 24-14-23 Presumption from failure to answer business letter
- 24-14-24 Presumption of occupancy of railroad right of way
- 24-14-25 Presumption of payment of check
- 24-14-26 Estoppels defined; enumeration generally Deadlines
- 24-14-27 Estoppel relating to real estate
- 24-14-28 Trustees estopped to set up title adverse to trust
- 24-14-29 Equitable estoppel
- 24-14-3 Amount of mental conviction required; preponderance of evidence in civil cases
- 24-14-4 Determining where preponderance of evidence lies
- 24-14-40 Evidence of identity; burden in civil proceedings
- 24-14-41 Proof of de facto officer
- 24-14-42 Judgment admissible; effect
- 24-14-43 Calendars as proof of dates
- 24-14-44 American Experience Mortality Tables
- 24-14-45 Other mortality tables
- 24-14-46 United States Department of Agriculture inspection certificates prima-facie evidence
- 24-14-47 Proof that person is dead or missing as evidence
- 24-14-5 Reasonable doubt in criminal cases
- 24-14-6 When conviction may be had on circumstantial evidence
- 24-14-7 Positive testimony preferred over negative; exception
- 24-14-8 Number of witnesses required generally; exceptions; effect of corroboration
- 24-14-9 Inferences from evidence or lack thereof
Part 2 · Judicial Notice
Part 3 · Parol Evidence
- 24-3-1 Parol evidence contradicting writing inadmissible generally
- 24-3-10 Explanation of blank endorsements
- 24-3-2 Proof of unwritten portions of contract admissible where not inconsistent
- 24-3-3 Contemporaneous writings explaining each other; parol evidence explaining ambiguities
- 24-3-4 Circumstances surrounding execution of contracts
- 24-3-5 Known usage
- 24-3-6 Rebuttal of equity; discharge of contract; proof of subsequent agreement; change of time or place of performance
- 24-3-7 Proof of mistake in deed or written contract
- 24-3-8 Original or subsequent voidness of writing
- 24-3-9 Explanation or denial of receipts
Part 4 · Relevant Evidence and Its Limits
- 24-4-401 \"Relevant evidence\" defined
- 24-4-402 Relevant evidence generally admissible; irrelevant evidence not admissible
- 24-4-403 Exclusion of relevant evidence on the grounds of prejudice, confusion, or waste of time
- 24-4-404 Character evidence not admissible to prove conduct; exceptions; other crimes
- 24-4-405 Methods of proving character
- 24-4-406 Habit; routine practice
- 24-4-407 Subsequent remedial measures
- 24-4-408 Compromises and offers to compromise
- 24-4-409 Payment of medical and similar expenses
- 24-4-410 Inadmissibility of pleas, plea discussions, and related statements
- 24-4-411 Liability insurance
- 24-4-412 Complainant's past sexual behavior not admissible in prosecutions for certain sexual offenses; exceptions
- 24-4-413 Evidence of similar transaction crimes in sexual assault cases Deadlines
- 24-4-414 Evidence of similar transaction crimes in child molestation cases Deadlines
- 24-4-415 Evidence of similar acts in civil or administrative proceedings concerning sexual assault or child molestation Deadlines
- 24-4-416 Statements of sympathy in medical malpractice cases
- 24-4-417 Evidence of similar acts in prosecutions for violations of Code Section 40-6-391 Deadlines
- 24-4-418 Admissibility of criminal gang activity, disclosure Deadlines
Part 5 · Privileges
- 24-5-501 Certain communications privileged
- 24-5-502 Communications to clergyman privileged
- 24-5-503 Husband and wife as witnesses for and against each other in criminal proceedings
- 24-5-504 Law enforcement officers testifying; home address
- 24-5-505 Party or witness privilege
- 24-5-506 Privilege against self-incrimination; testimony of accused in criminal case
- 24-5-507 Grant of immunity; contempt
- 24-5-508 Qualified privilege for news gathering or dissemination
- 24-5-509 Communications between victim of family violence or sexual assault and agents providing services to such victim; termination of privilege Deadlines
- 24-5-510 (For effective date, see note.) Privileged communications between law enforcement officers and peer counselors
Part 6 · Witnesses
- 24-6-601 General rule of competency
- 24-6-602 Lack of personal knowledge
- 24-6-603 Oath or affirmation
- 24-6-604 Interpreters
- 24-6-605 Judge as witness
- 24-6-606 Juror as witness
- 24-6-607 Who may impeach
- 24-6-608 Evidence of character and conduct of witness
- 24-6-609 Impeachment by evidence of conviction of a crime Deadlines
- 24-6-610 Religious beliefs or opinions
- 24-6-611 Mode and order of witness interrogation and presentation
- 24-6-612 Writing used to refresh memory
- 24-6-613 Prior statements of witnesses
- 24-6-614 Calling and interrogation of witnesses by court
- 24-6-615 Exclusion of witnesses
- 24-6-616 Presence in courtroom of victim of criminal offense
- 24-6-620 Credibility a jury question
- 24-6-621 Impeachment by contradiction
- 24-6-622 Witness's feelings and relationship to parties provable
- 24-6-623 Treatment of witness
- 24-6-650 State policy on hearing impaired persons
- 24-6-651 Definitions
- 24-6-652 Appointment of interpreters for hearing impaired persons interested in or witness at agency proceedings Deadlines
- 24-6-653 Procedure for interrogation and taking of statements from hearing impaired persons arrested for violation of criminal laws
- 24-6-654 Indigent hearing impaired defendants to be provided with interpreters
- 24-6-655 Waiver of right to interpreter
- 24-6-656 Replacement of interpreters unable to communicate accurately with hearing impaired persons; appointment of intermediary interpreters
- 24-6-657 Oath of interpreters; privileged communications; taping and filming of hearing impaired persons' testimony
- 24-6-658 Compensation of interpreters
Part 7 · Opinions and Expert Testimony
- 24-7-701 Lay witness opinion testimony
- 24-7-702 Expert opinion testimony in civil actions; medical experts; pretrial hearings; precedential value of federal law Deadlines
- 24-7-703 Bases of expert opinion testimony
- 24-7-704 Ultimate issue opinion
- 24-7-705 Disclosure of facts or data underlying expert opinion
- 24-7-706 Court appointed experts
- 24-7-707 Expert opinion testimony in criminal proceedings
Part 8 · Hearsay
- 24-8-801 Definitions
- 24-8-802 Hearsay rule
- 24-8-803 Hearsay rule exceptions; availability of declarant immaterial Deadlines
- 24-8-804 Hearsay rule exceptions; declarant unavailable
- 24-8-805 Hearsay within hearsay
- 24-8-806 Attacking and supporting credibility of a declarant
- 24-8-807 Residual exception
- 24-8-820 Testimony as to child's description of sexual contact or physical abuse Deadlines
- 24-8-821 Admissions in pleadings
- 24-8-822 Right to have whole conversation heard
- 24-8-823 Admissions and confessions received with care; no conviction on uncorroborated confession
- 24-8-824 Only voluntary confessions admissible
- 24-8-825 Confessions under spiritual exhortation, promise of secrecy, or collateral benefit admissible
- 24-8-826 Medical reports in narrative form Deadlines
Part 9 · Authentication and Identification
- 24-9-901 Requirement of authentication or identification Deadlines
- 24-9-902 Self-authentication
- 24-9-903 Subscribing witness's testimony
- 24-9-904 Definitions
- 24-9-920 Authentication of Georgia state and county records
- 24-9-921 Identification of medical bills; expert witness unnecessary
- 24-9-922 Proof of laws, records, nonjudicial records, or books of other states, territories, or possessions; full faith and credit
- 24-9-923 Authentication of photographs, motion pictures, video recordings, and audio recordings when witness unavailable
- 24-9-924 Admissibility of records of Department of Driver Services; admissibility of computer transmitted records