Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 24-1-104 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 24-1-104 Case Law from Google Scholar Amendments to OCGA 24-1-104

TITLE 24 EVIDENCE

Section 1. General Provisions, 24-1-1 through 24-1-106.

ARTICLE 2 GENERAL EVIDENTIARY MATTERS

24-1-104. Preliminary questions.

  1. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subsection (b) of this Code section. In making its determination, the court shall not be bound by the rules of evidence except those with respect to privileges. Preliminary questions shall be resolved by a preponderance of the evidence standard.
  2. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition.
  3. Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be conducted out of the hearing of the jury when the interests of justice require or when an accused is a witness and requests a hearing outside the presence of the jury.
  4. The accused shall not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the proceeding.
  5. This Code section shall not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.

(Code 1981, §24-1-104, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

Cross references.

- Preliminary questions, Fed. R. Evid. 104.

Law reviews.

- For article, "Dancing with the Big Boys: Georgia Adopts (most of) the Federal Rules of Evidence," see 63 Mercer L. Rev. 1 (2011). For annual survey on evidence, see 65 Mercer L. Rev. 125 (2013). For annual survey of evidence law, see 67 Mercer L. Rev. 63 (2015).

JUDICIAL DECISIONS

Error in application of hearsay rules in determining material witness status.

- Trial court erred in applying the hearsay rules to exclude the appellant's proffered documents from the evidence the court considered in ruling on a motion for material witness certificates as to the Kentucky-based manufacturer of the breathalyzer because an exception under O.C.G.A. § 24-1-2(c)(1) applied. Parker v. State, 296 Ga. 586, 769 S.E.2d 329 (2015).

Application of rules of evidence.

- Under Georgia's new Evidence Code, unless a fact-finding proceeding involves one of the 12 situations enumerated in O.C.G.A. § 24-1-2(c) and (d), the rules of evidence fully apply; similarity to one or more of the enumerated situations is insufficient to limit the applicability of the evidence rules. Parker v. State, 296 Ga. 586, 769 S.E.2d 329 (2015).

Rules of evidence applicable to issuance of material witness certificate.

- Under O.C.G.A. § 24-1-2(b), the rules of evidence apply to a proceeding for issuance of a material witness certificate under the out-of-state witness act unless one of the exceptions in § 24-1-2(c) or (d) applies. Parker v. State, 296 Ga. 586, 769 S.E.2d 329 (2015).

Cited in Roberts v. Cmty. & S. Bank, 331 Ga. App. 364, 771 S.E.2d 68 (2015); Kemp v. State, 303 Ga. 385, 810 S.E.2d 515 (2018).

Warning: 'results' key not found in API response

Cases Citing Georgia Code 24-1-104 From Courtlistener.com

Total Results: 20

State v. Green

Court: Supreme Court of Georgia | Date Filed: 2025-03-04

Citation: 321 Ga. 204

Snippet: purpose, rather than on a limited basis, see OCGA §§ 24-1-104 and 24-1-105, and that the only request to limit

Gallegos-Munoz v. State

Court: Supreme Court of Georgia | Date Filed: 2024-09-17

Citation: 906 S.E.2d 711, 319 Ga. 803

Snippet: (c) (860 SE2d 485) (2021) (discussing OCGA § 24-1-104 (“Rule 104”)). A fundamental question is relevancy

Blash v. State

Court: Supreme Court of Georgia | Date Filed: 2024-02-20

Citation: 318 Ga. 325

Snippet: testimony as to the recording process); OCGA § 24-1-104 (a) (“Preliminary questions shall be resolved

KIRKLAND v. THE STATE (Two Cases)

Court: Supreme Court of Georgia | Date Filed: 2024-02-20

Citation: 898 S.E.2d 536, 318 Ga. 639

Snippet: that the trial court was required under OCGA § 24-1-104 (a) and (c) to hold a hearing related to the

Blash v. State

Court: Supreme Court of Georgia | Date Filed: 2024-02-20

Snippet: testimony as to the recording process); OCGA § 24-1-104 (a) (“Preliminary questions shall be resolved

Wilson v. State

Court: Supreme Court of Georgia | Date Filed: 2021-06-21

Citation: 860 S.E.2d 485, 312 Ga. 174

Snippet: of evidence, however, are governed by OCGA § 24-1-104 (“Rule 104”). Rule 104 provides, in pertinent

Strong v. State

Court: Supreme Court of Georgia | Date Filed: 2020-06-29

Citation: 845 S.E.2d 653, 309 Ga. 295

Snippet: 656 n.4 (769 SE2d 892) (2015). See also OCGA § 24-1-104 (b) (“When the relevancy of evidence depends

Scott v. State

Court: Supreme Court of Georgia | Date Filed: 2020-06-16

Citation: 844 S.E.2d 785, 309 Ga. 95

Snippet: . . the admissibility of evidence[.]” OCGA § 24-1-104 (a). See also OCGA § 24-1-2 (c) (1) (“The rules

Hampton v. State

Court: Supreme Court of Georgia | Date Filed: 2020-05-18

Citation: 843 S.E.2d 542, 308 Ga. 797

Snippet: (c) Next, Appellant argues that under OCGA § 24-1-104 (a), the State “should” have filed a pretrial

Moore v. State

Court: Supreme Court of Georgia | Date Filed: 2019-11-04

Citation: 307 Ga. 290

Snippet: be determined by the trial court. See OCGA § 24- 1-104. The prosecutor’s reference to the trial court’s

Hendrix v. State

Court: Supreme Court of Georgia | Date Filed: 2018-04-16

Citation: 303 Ga. 525

Snippet: Hendrix sent 4 See also OCGA § 24-1-104 (a) (“Preliminary questions concerning . . . the

Hendrix v. State

Court: Supreme Court of Georgia | Date Filed: 2018-04-16

Citation: 813 S.E.2d 339

Snippet: 299, 773 S.E.2d 700 (2015). See also OCGA § 24-1-104 (a) ("Preliminary questions concerning ... the

Greene v. State

Court: Supreme Court of Georgia | Date Filed: 2018-03-05

Citation: 303 Ga. 184

Snippet: 267 (4) (787 SE2d 700) (2016). See also OCGA § 24-1-104 (a) (“Preliminary questions concerning . . .

Greene v. State

Court: Supreme Court of Georgia | Date Filed: 2018-03-05

Citation: 811 S.E.2d 333

Snippet: 267 (4), 787 S.E.2d 700 (2016). See also OCGA § 24-1-104 (a) ("Preliminary questions concerning ... the

KEMP v. THE STATE (Three Cases)

Court: Supreme Court of Georgia | Date Filed: 2018-02-19

Citation: 303 Ga. 385

Snippet: 16 2003);6 see also OCGA § 24-1-104 (a) (in determining whether evidence is admissible

Kemp v. State

Court: Supreme Court of Georgia | Date Filed: 2018-02-19

Citation: 810 S.E.2d 515

Snippet: 1261, 1274 (11th Cir. 2003)6 ; see also OCGA § 24-1-104 (a) (in determining whether evidence is admissible

Miller v. State

Court: Supreme Court of Georgia | Date Filed: 2018-02-05

Citation: 303 Ga. 1

Snippet: invoking plain error review as provided in OCGA § 24-1-104 (d).

Miller v. State

Court: Supreme Court of Georgia | Date Filed: 2018-02-05

Citation: 810 S.E.2d 123

Snippet: invoking plain error review as provided in OCGA § 24-1-104 (d). Thus, appellant's arguments that the statement

Smith v. State

Court: Supreme Court of Georgia | Date Filed: 2016-07-05

Citation: 299 Ga. 424, 788 S.E.2d 433, 2016 Ga. LEXIS 453

Snippet: should then have been made conditional. See OCGA § 24-1-104 (b). The prosecutor started down this path, simply

Hickman v. State

Court: Supreme Court of Georgia | Date Filed: 2016-06-20

Citation: 299 Ga. 267, 787 S.E.2d 700, 2016 WL 3390428, 2016 Ga. LEXIS 432

Snippet: standard, we find no error. See generally OCGA § 24-1-104 (a) (“... Preliminary questions shall be resolved