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2018 Georgia Code 24-13-61 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 24-13-61 Case Law from Google Scholar Amendments to OCGA 24-13-61

TITLE 24 EVIDENCE

Section 13. Securing Attendance of Witnesses and Production and Preservation of Evidence, 24-13-1 through 24-13-154.

ARTICLE 3 SECURING ATTENDANCE OF PRISONERS

24-13-61. Issuance of order requiring prisoner's delivery to serve as witness in superior court.

Any judge of the superior court may issue an order to any officer having a lawfully imprisoned person in his or her custody, requiring the production of such person before the court for the purpose of giving evidence in any criminal cause pending therein, without any formal application or writ of habeas corpus ad testificandum for that purpose.

(Code 1981, §24-13-61, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1882, § 4027, former Penal Code 1895, § 1230, former Penal Code 1910, § 1311, former Code 1933, § 50-123, and former O.C.G.A. § 24-10-61 are included in the annotations for this Code section.

Accused had the right to have the presence of the inmate compelled by court order, pursuant to former O.C.G.A. § 24-10-61, and when the witness, without fault on the part of the accused, failed to be present when the case was called, the accused was entitled to a continuance in order to obtain the presence of the witness. Grant v. State, 212 Ga. App. 565, 442 S.E.2d 899 (1994) (decided under former O.C.G.A. § 24-10-61).

Tender of expenses.

- Tender of money to defray the expenses of the witness was not necessary since application was made to the court. Roberts v. State, 72 Ga. 673 (1884) (decided under former Code 1882, § 4027).

RESEARCH REFERENCES

Am. Jur. 2d.

- 81 Am. Jur. 2d, Witnesses, § 5.

C.J.S.

- 98 C.J.S. (Rev), Witnesses, § 107 et seq.

ALR.

- Right of accused to have his witnesses free from handcuffs, manacles, shackles, or the like, 75 A.L.R.2d 762.

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