O.C.G.A. § 24-14-47 (2019)
Proof that person is dead or missing as evidence
(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 States or a duly certified copy of such finding shall be received in any court, office, or other place in this state as evidence of the death of the person therein found to be dead and the date, circumstances, and place of his or her disappearance.
(b) An official written report, record, or duly certified copy thereof that a person is missing, missing in action, interned in a neutral country, beleaguered, besieged, or captured by an enemy, dead or alive, made by an officer or employee of the United States authorized by any law of the United States to make the same shall be received in any court, office, or other place in this state as evidence that such person is missing, missing in action, interned in a neutral country, beleaguered, besieged, or captured by an enemy, dead or alive, as the case may be.
(c) For the purposes of subsections (a) and (b) of this Code section, any finding, report, record, or duly certified copy thereof purporting to have been signed by an officer or employee of the United States as is described in this Code section shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his or her authority.
History
Code 1981, § 24-14-47, enacted by Ga. L. 2011, p. 99, § 2/HB 24. U.S. Code. Payments to missing federal employees,
5 U.S.C. § 5561 et seq. Payments to missing service personnel, 37 U.S.C. § 551 et seq.
Annotations
RESEARCH REFERENCES Am. Jur. Pleading and Practice Forms. 8A Am. Jur. Pleading and Practice Forms, Death, § 168. ALR. Circumstances justifying inference of death of insured before the lapse of seven years from his disappearance, 34 A.L.R. 1389; 61 A.L.R. 1327. Presumption of death from absence as
affected by fact that person was fugitive from justice, 44 A.L.R. 1488. Death certificate as evidence, 96 A.L.R. 324. Presumption of death as evidence, 115 A.L.R. 404. Presumption against suicide as overcome by death certificate, coroner’s verdict, or similar documentary evidence, 159 A.L.R. 181.
AMERICAN EXPERIENCE MORTALITY TABLE Age
Expectation of Life (Years) 48.72 48.08 47.45 46.80 46.16 45.50 44.85 44.19 43.53 42.87 42.20 41.53 40.85 40.17 39.49 38.81 38.12 37.43 36.73 36.03 35.33 34.63 33.92 33.21 32.50 31.78 31.07 30.35 29.62 28.90 28.18 27.45 26.72 26.00 25.27 24.54
Age
Expectation of Life (Years) 18.79 18.09 17.40 16.72 16.05 15.39 14.74 14.10 13.47 12.86 12.26 11.67 11.10 10.54 10.00 9.47 8.97 8.48 8.00 7.55 7.11 6.68 6.27 5.88 5.49 5.11 4.74 4.39 4.05 3.71 3.39 3.08 2.77 2.47 2.18 1.91
Age
Expectation of Life (Years) 23.81 23.08 22.36 21.63 20.91 20.20 19.49
Age
Cross references. Admissibility of this table in civil cases
Expectation of Life (Years) 1.66 1.42 1.19 .98 .80 .64 .50
where life expectancy of a person is an issue, § 24-14-44.
THE COMMISSIONERS 1958 STANDARD ORDINARY MORTALITY TABLE Age
Expectation of Life (Years) 68.30 67.78 66.90 66.00 65.10 64.19 63.27 62.35 61.43 60.51 59.58 58.65 57.72 56.80 55.87 54.95 54.03 53.11 52.19 51.28 50.37 49.46 48.55 47.64 46.73 45.82 44.90 43.99 43.08 42.16 41.25 40.34 39.43 38.51 37.60 36.69 35.78 34.88 33.97
Age
Expectation of Life (Years) 23.63 22.82 22.03 21.25 20.47 19.71 18.97 18.23 17.51 16.81 16.12 15.44 14.78 14.14 13.51 12.90 12.31 11.73 11.17 10.64 10.12 9.63 9.15 8.69 8.24 7.81 7.39 6.98 6.59 6.21 5.85 5.51 5.19 4.89 4.60 4.32 4.06 3.80 3.55
Age
Expectation of Life (Years) 33.07 32.18 31.29 30.41 29.54 28.67 27.81 26.95 26.11 25.27 24.45
Age
Cross references. Admissibility of this table in cases of
Expectation of Life (Years) 3.31 3.06 2.82 2.58 2.33 2.07 1.80 1.51 1.18 .83 .50
wrongful death or permanent personal injury, § 24-14-45.
ANNUITY MORTALITY TABLE FOR 1949, ULTIMATE
Age
Expectation of Life (Years) Male Female 73.18 78.69 72.47 77.94 71.59 77.04 70.65 76.10 69.70 75.14 68.75 74.17 67.78 73.19 66.82 72.21 65.85 71.23 64.89 70.24 63.92 69.26 62.95 68.27 61.98 67.29 61.01 66.30 60.04 65.32 59.07 64.33 58.10 63.35 57.13 62.37 56.17 61.39 55.20 60.41 54.23 59.43 53.26 58.45 52.30 57.48 51.33 56.50 50.37 55.53 49.41 54.55 48.44 53.58 47.48 52.61 46.52 51.64 45.56 50.67 44.61 49.70 43.65 48.73 42.70 47.77 41.74 46.80 40.79 45.84 39.85 44.88 38.90 43.92 37.96 42.97 37.02 42.01
Age
Expectation of Life (Years) Male Female 22.20 26.33 21.44 25.46 20.68 24.59 19.93 23.72 19.20 22.87 18.48 22.02 17.76 21.18 17.06 20.36 16.37 19.54 15.68 18.73 15.01 17.94 14.36 17.16 13.71 16.39 13.08 15.64 12.46 14.90 11.86 14.18 11.28 13.47 10.71 12.78 10.15 12.11 9.61 11.45 9.09 10.82 8.58 10.20 8.10 9.60 7.63 9.02 7.17 8.47 6.74 7.93 6.32 7.42 5.92 6.93 5.54 6.46 5.18 6.01 4.84 5.58 4.51 5.18 4.20 4.79 3.90 4.43 3.62 4.09 3.36 3.77 3.12 3.47 2.88 3.19 2.67 2.92
Age
Expectation of Life (Years) Male Female 36.08 41.06 35.15 40.11 34.22 39.17 33.29 38.22 32.38 37.28 31.47 36.35 30.57 35.41 29.67 34.48 28.80 33.56 27.93 32.64 27.07 31.72 26.23 30.81 25.40 29.91 24.58 29.01 23.78 28.11 22.98 27.22
Age
Cross references. Admissibility of this table in cases of
Expectation of Life (Years) Male Female 2.47 2.68 2.28 2.45 2.10 2.24 1.94 2.05 1.79 1.87 1.65 1.71 1.52 1.56 1.40 1.42 1.29 1.30 1.20 1.19 1.10 1.09 1.02 0.99 0.94 0.91 0.86 0.83 0.75 0.73 0.50 0.50
wrongful death or permanent personal injury, § 24-14-45.
Index ADMINISTRATIVE PROCEDURE - Cont’d Rules of evidence. Applicability in administrative hearings, §24-1-2.
A ACCIDENTS. Evidence of other crimes, wrongs or acts. Absence of accident, §24-4-404. ACCOUNTANT-CLIENT PRIVILEGE, §24-5-501. ACCOUNTANTS. Communications between accountant and client. Privileged communications, §24-5-501. Confidentiality of information. Communications to accountants, §24-5-501. Privileged communications, §24-5-501. ACTIONS. Employment. Admissibility of criminal history record information, §24-4-419. Evidence. Generally, §§24-1-1 to 24-14-47. Labor and employment relations. Admissibility of criminal history record information, §24-4-419. Rules of evidence. Generally, §§24-1-1 to 24-14-47. ACUPUNCTURE. Evidence in malpractice proceeding. Statements or conduct expressing regret, apology, sympathy etc. Inadmissible, not admission of liability, §24-4-416. ADMINISTRATIVE PROCEDURE. Contested cases. Evidence. Rules of evidence. Applicability, §24-1-2. Evidence in contested cases. Rules of evidence. Applicability, §24-1-2. Judicial notice. Administrative rules and regulations, §24-2-220. Rulemaking. Judicial notice. Administrative rules and regulations, §24-2-220.
ADMIRALTY. Judicial notice, §24-2-220. ADMISSIONS, §§24-8-820 to 24-8-826. Admissions upon which parties acted. Estoppel, §24-14-26. Allegations or admissions made in pleadings, §24-8-821. Child under 16 years describing act of sexual contact or physical abuse. Admissibility of statement by testimony of person to whom statement made, §24-8-820. Confessions. Conviction not justified by uncorroborated confession alone, §24-8-823. Made under spiritual exhortation, promise of secrecy or collateral benefit, §24-8-825. Received with great caution, §24-8-823. Voluntarily made without inducement of benefit or fear of injury. Required to be admissible, §24-8-824. Contents of writings, recordings or photographs. Proving by written admission, §24-10-1007. Defined, §24-8-801. Estoppel. Admissions upon which parties acted, §24-14-26. Solemn admissions made in judicio, §24-14-26. Hearsay rule exclusion, §24-8-801. Statements against interest, §24-8-804. Medical report in narrative form. Admissibility, §24-8-826. Pleadings. Allegations or admissions made in, §24-8-821.
INDEX ADMISSIONS - Cont’d Presumptions. Admissions upon which parties acted. Estoppel, §24-14-26. Solemn admissions made in judicio. Estoppel, §24-14-26. Received with care, §24-8-823. Solemn admissions made in judicio. Estoppel, §24-14-26. Statements against interest. Hearsay rule exclusion, §24-8-804. Whole admission and all conversation admitted, §24-8-822. ADOPTION. Evidence. Statements concerning. Hearsay exclusion, §24-8-804. Hearsay exclusion. Statements concerning, §24-8-804. AGENTS. Admissions. Exclusions from hearsay rule. Statements made by party’s agent, §24-8-801. Evidence. Admissions. Exclusions from hearsay rule. Statements made by party’s agent, §24-8-801. Hearsay rule exclusion. Admissions. Statements made by party’s agent, §24-8-801. AGGRAVATED ASSAULT. Rape shield law. Prosecution for aggravated assault with intent to rape, §24-4-412. AGGRAVATED CHILD MOLESTATION. Commission of another offense of child molestation. Evidence, §24-4-414. Civil or administrative proceedings, §24-4-415. Rape shield law, §24-4-412. AGGRAVATED SEXUAL BATTERY. Commission of another offense of sexual assault. Evidence, §24-4-413. Civil or administrative proceedings, §24-4-415. Rape shield law, §24-4-412.
AGGRAVATED SODOMY. Commission of another offense of sexual assault. Evidence, §24-4-413. Civil or administrative proceedings, §24-4-415. Rape shield law, §24-4-412. AGRICULTURE. Evidence. Inspection certificates issued by United States department of agriculture, §24-14-46. United States department of agriculture. Evidence. Inspection certificates issued by, §24-14-46. AIDING AND ABETTING. Evidence. Uncorroborated testimony of accomplice. Insufficient in felony cases, exception, §24-14-8. Uncorroborated testimony of accomplice. Insufficient in felony cases, exception, §24-14-8. AIDS. AIDS confidential information. Disclosure, §§24-12-20, 24-12-21. Confidentiality of information. AIDS confidential information. Disclosure, §§24-12-20, 24-12-21. Evidence. AIDS confidential information. Disclosure, §§24-12-20, 24-12-21. AMBIGUITIES. Parol evidence. Admissible to explain, §24-3-3. AMBULANCES. Bills for expenses. Evidence. Identification, §24-9-921. AMERICAN EXPERIENCE MORTALITY TABLES. Admissibility in evidence. Life expectancy an issue, §24-14-44. ANCESTRY. Hearsay rule exclusion. Statements concerning, §24-8-804. ANCIENT DEEDS. Estoppel. Admissibility, §24-14-26.
INDEX ANCIENT DOCUMENTS. Estoppel. Admissibility, §24-14-26. Hearsay rule exclusion. Statements in, §24-8-803. ANNUITY MORTALITY TABLE FOR 1949, ULTIMATE. Evidence. Wrongful death or permanent injury proceedings, §24-14-45. APPEALS. Evidence. Error predicated upon ruling admitting or excluding evidence. Preservation for appeal, §24-1-103. Lost or destroyed records. Bond, bill, note, draft, check. Petition to establish duplicate, §24-11-21. Rules of evidence. Error predicated upon ruling admitting or excluding evidence. Preservation for appeal, §24-1-103. APPOINTMENT OF COUNSEL. Deposition of accused in criminal case, §24-13-132. Hearing impaired persons. Court qualified interpreter provided, §24-6-654. APPOINTMENT OF EXPERT BY COURT. Procedure, compensation, presentation of testimony, §24-7-706. ARREST. Deaf and hearing impaired persons. Interpreters provided. Duty of arresting agency, §24-6-653. Interpreters for arrested hearing impaired person. Duty of arresting agency to provide, §24-6-653. Privilege from arrest. Witnesses. Arrest on civil process, §24-13-1. Uniform act to secure attendance of witnesses from without state, §24-13-96. Warrants. Evidence. Inapplicability of rules in proceedings for issuance, §24-1-2.
ARREST - Cont’d Warrants - Cont’d Rules of evidence. Inapplicability of rules in proceedings for issuance, §24-1-2. Witnesses. Privilege from arrest. On civil process, §24-13-1. Uniform act to secure attendance of witnesses from without state, §24-13-96. ASSAULT. Aggravated assault. Child under fourteen years of age. Assault with attempt to commit rape against. Rape shield law, §24-4-412. Assault with intent to commit rape. Rape shield law, §24-4-412. Sexual assault. Commission of another offense of sexual assault. Evidence, §24-4-413. Civil or administrative proceedings, §24-4-415. Evidence. Commission of another offense of sexual assault, §24-4-413. Civil or administrative proceedings, §24-4-415. Rape shield law, §24-4-412. Other crimes. Evidence. Commission of another offense of sexual assault, §24-4-413. Civil or administrative proceedings, §24-4-415. Rape shield law, §24-4-412. ATTENDANCE OF WITNESSES. Prisoners, §§24-13-60 to 24-13-62. Subpoenas, §§24-13-20 to 24-13-29. Uniform act to secure the attendance of witnesses from without state, §§24-13-90 to ATTESTATION. Authenticity of document. Evidence. Certificate or attestation of public officer, §24-9-920. Evidence. Authenticity of document. Certificate or attestation of public officer, §24-9-920.
INDEX ATTORNEY-CLIENT PRIVILEGE, §24-5-501. Refreshing witness’ recollection. Writing used subject to privilege, §24-6-612. ATTORNEYS. Appointment of counsel. Deposition of accused in criminal case, §24-13-132. Hearing impaired persons. Court qualified interpreter provided, §24-6-654. Attorney-client privilege, §24-5-501. Refreshing witness’ recollection. Writing used subject to privilege, §24-6-612. Clients. Attorney-client privilege, §24-5-501. Refreshing witness’ recollection. Writing used subject to privilege, §24-6-612. Court appointed counsel. Deposition of accused in criminal case, §24-13-132. Hearing impaired persons. Court qualified interpreter provided, §24-6-654. Criminal procedure. Appointment of counsel for indigent defendants. Deposition of accused in criminal case, §24-13-132. Hearing impaired persons. Court qualified interpreter provided, §24-6-654. Deaf and hearing impaired persons. Public defender or court appointed counsel. Court qualified interpreter provided, §24-6-654. Evidence. Communication between attorney and client. Privilege, §24-5-501. Writing used to refresh witnesses recollection, §24-6-612. Privileged communications. Communication between attorney and client, §24-5-501. Writing used to refresh witness’ recollection, §24-6-612. Subpoenas. Authority to issue and sign. Counsel of record in proceeding, §24-13-21.
ATTORNEYS - Cont’d Subpoenas - Cont’d Service upon counsel of record, §24-13-24. Work product. Writing used to refresh witness’ recollection, §24-6-612. AUDIO RECORDINGS. Depositions in criminal cases. Audiovisual recording, §24-13-137. Evidence. Admissibility, §24-9-923. Contents of writings, recordings or photographs, §§24-10-1001 to Depositions in criminal cases. Audiovisual recording, §24-13-137. AUTHENTICATION AND IDENTIFICATION OF EVIDENCE, §§24-9-901 to B BAIL AND RECOGNIZANCE. Evidence. Inapplicability of rules. Proceedings with respect to release on bond, §24-1-2. Rules of evidence. Inapplicability of rules. Proceedings with respect to release on bond, §24-1-2. BATTERY. Criminal battery. Aggravated battery. Sexual battery. Commission of another offense of sexual assault, §24-4-413. Civil or administrative proceedings, §24-4-415. Rape shield law, §24-4-412. Sexual battery. Commission of another offense of sexual assault. Evidence, §24-4-413. Civil or administrative proceedings, §24-4-415. Rape shield law, §24-4-412. Sexual battery. Commission of another offense of sexual assault. Evidence, §24-4-413. Civil or administrative proceedings, §24-4-415.
INDEX BATTERY - Cont’d Sexual battery - Cont’d Rape shield law, §24-4-412. BEST EVIDENCE RULE, §§24-10-1001 to 24-10-1008. Bond, bill, note, draft, checks, other evidence of indebtedness. Lost or destroyed records. Petition to establish duplicate, §24-11-21. Nonresidents, service, effect, §24-11-22. Business records. Authenticity proved by original or duplicate, §24-9-902. Chart, summary calculation. Proving voluminous writings, recording, photographs, §24-10-1006. Duplicate defined, §24-10-1001. Functions of court and jury, §24-10-1008. Lost or destroyed records. Admissibility of other evidence, §24-10-1004. Duplicates established. Other records, §§24-11-20 to Public records, §§24-11-1 to 24-11-3. Ordinances and resolutions. Certified copies. Judicial notice, §24-2-221. Pleading, bill of indictment, special presentment, accusation, other office paper. Lost or destroyed records. Duplicate established instanter upon motion, §24-11-20. Office paper defined, §24-11-20. Public records. Lost, mutilated, stolen or destroyed records. Duplicated establish, §§24-11-1 to Proved by duplicate, §24-10-1005. Requirement of original, §24-10-1002. Admissibility of other evidence, §24-10-1004. Superior court, establishment of duplicates in, §§24-11-23 to Testimony, deposition or written admission. Proving by contents, §24-10-1007.
BEST EVIDENCE RULE - Cont’d When duplicate admissible, §24-10-1003. Withdrawal of original papers and documents. Substitution of duplicates, §24-13-7. BEYOND REASONABLE DOUBT. Burden of proof in criminal cases, §24-14-5. BIBLES. Family record hearsay exclusion, §24-8-803. BIRTH. Hearsay exclusion. Statements concerning, §24-8-804. BLUEPRINTS. Evidence. Withdrawal of originals. Substitution of duplicates, §24-13-7. BOND ISSUES. Duplicates. Lost bond. Establishing duplicate, §24-11-21. Maker nonresident party, §24-11-22. Proceeding on duplicate after establishment with certified endorsement, §24-11-27. Evidence. Lost bond. Establishing duplicate, §24-11-21. Maker nonresident party, §24-11-22. Proceeding on duplicate after establishment with certified endorsement, §24-11-27. Lost bond. Establishing duplicate, §24-11-21. Maker nonresident party, §24-11-22. Proceeding on duplicate after establishment with certified endorsement, §24-11-27. BOUNDARIES. Evidence. Hearsay rule exclusion. Judgment concerning, §24-8-803. Reputation concerning, §24-8-803. Hearsay rule exclusion. Judgment concerning, §24-8-803. Reputation concerning, §24-8-803. Judgment concerning. Hearsay rule exclusion, §24-8-803.
INDEX BOUNDARIES - Cont’d Reputation concerning. Hearsay rule exclusion, §24-8-803. BROADCASTERS. Privileged communications. Qualified privilege. Disclosure of information in gathering news, §24-5-508. BURDEN OF PROOF, §§24-14-1 to Amount of evidence changing onus. Court’s discretion, §24-14-2. Beyond a reasonable doubt standard. Criminal cases, §24-14-5. Change of burden. Court’s discretion, §24-14-2. Circumstantial evidence. Conviction on, requirements, §24-14-6. Civil cases. Preponderance of evidence. Sufficient to produce mental conviction, §24-14-3. Criminal proceedings. Beyond a reasonable doubt, §24-14-5. Circumstantial evidence. Conviction on, requirements, §24-14-6. Evidence sufficient to produce mental conviction, §24-14-3. Satisfaction of mind and conscience beyond reasonable doubt, §24-14-5. Testimony of single witness. Generally sufficient to establish fact, exceptions, §24-14-8. Existence of fact testified to by one positive witness. Believed, exception, §24-14-7. Identity, §24-14-40. Inference of other facts by jury, §24-14-9. Negative or negative affirmation, §24-14-1. Officer de facto, §24-14-41. Party with, §24-14-1. Positive testimony preferred over negative, exception, §24-14-7. Preponderance of evidence. Determining where preponderance lies, §24-14-4.
BURDEN OF PROOF - Cont’d Preponderance of evidence - Cont’d Jury considerations, §24-14-4. Number of witnesses. Not necessarily with greater number, §24-14-4. Sufficient to produce mental conviction. Civil case only, §24-14-3. Presumptions generally, §§24-14-20 to Sufficient to produce mental conviction, §24-14-3. Testimony of single witness. Generally sufficient to establish fact, exceptions, §24-14-8. Uncorroborated testimony. Existence of fact testified to by one positive witness. Believed, exception, §24-14-7. Generally sufficient to establish fact, exceptions, §24-14-8. BUREAU OF INVESTIGATION. Witnesses. Witness fees. Officer required to attend court as witness, §24-13-28. BUSINESS LETTERS. Failure to answer within reasonable time. Presumption arising from, §24-14-23. BUSINESS RECORDS. Extrinsic evidence of authenticity. Not required, §24-9-902. Hearsay rule exclusion. Records of regularly conducted activity, §24-8-803. Absence of record, §24-8-803. Self-authentication, §24-9-902. Subpoena for production. Business will suffer injury by production of books. Commission appointed to examine books, statement of accounts and entries. Adverse party dissatisfied with transcript, §24-13-6. Oath required, §24-13-5. Transcript of accounts and dealings with opposite party. Required, §24-13-5.
INDEX C
CHARACTER EVIDENCE - Cont’d Testimony as to reputation or in form of opinion. Proof made by, §24-4-405.
CALENDARS. Evidence. Stern’s United States calendar and Stafford’s office calendar. Admissibility in proof of dates covered, §24-14-43.
CHASTITY. Rape shield law. Past sexual behavior of complaining witness. Reputation for nonchastity, §24-4-412.
CAMPUS POLICE. 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. Subpoenas. Mail service, §24-13-24. CHARACTER EVIDENCE. Admissibility, §24-4-404. Character for truthfulness or untruthfulness. Conviction of crime used to attack character of truthfulness, §24-6-609. Opinion or reputation evidence to attack or support credibility, §24-6-608. Conduct. Inadmissible to prove, exceptions, other crimes, §24-4-404. Conviction of crime. Used to attack character of truthfulness, §24-6-609. Cross-examination. Inquiry into specific instances of conduct, §24-4-405. Hearsay rule exclusion. Reputation concerning character, §24-8-803. Methods of proving, §24-4-405. Past sexual behavior of complaining witness, §24-4-412. Presentencing hearings. Admissibility, §24-4-405. Specific instances of persons conduct. When proof may be made by, §24-4-405.
CHECKS. Duplicate established. Lost or destroyed checks, §24-11-21. Maker nonresident party, §24-11-22. Lost or destroyed checks. Duplicate established, §24-11-21. Maker nonresident party, §24-11-22. Payment by means of check. Presumption. Production of duplicate with original bank statement, §24-14-25. Presumptions. Payment. Production of duplicate with original bank statement, §24-14-25. CHILD ABUSE AND NEGLECT. Deposition of physician, §24-13-130. Evidence. Child under 1 year describing act of sexual contact or physical abuse. Admissibility by testimony of person to whom statement made, §24-8-820. Deposition of physician, §24-13-130. Hearsay rule exclusion. Child under 16 years describing act of sexual contact or physical abuse. Admissibility by testimony of person to whom statement made, §24-8-820. Sexual abuse. Deposition of physician, §24-13-130. Evidence. Child under 16 years describing act of sexual contact. Admissibility by testimony of person to whom statement made, §24-8-820. Deposition of physician, §24-13-130.
INDEX CHILD ABUSE AND NEGLECT - Cont’d Sexual abuse - Cont’d Hearsay rule exclusion. Child under 16 years describing act of sexual contact. Admissibility by testimony of person to whom statement made, §24-8-820. CHILD MOLESTATION. Another offense of child molestation. Evidence, §24-4-414. Civil or administrative proceedings, §24-4-415. Child under 16 years describing sexual contact. Evidence. Admissibility of statement by testimony of person to whom statement made, §24-8-820. Deposition of physician, §24-13-130. Evidence. Child under 16 years describing sexual contact. Admissibility of statement by testimony of person to whom statement made, §24-8-820. Commission of another offense of child molestation, §24-4-414. Civil or administrative proceedings, §24-4-415. Deposition of physician, §24-13-130. Hearsay rule exclusion. Testimony as to child’s description of sexual conduct or physical abuse, §24-8-820. CHILD RAPE. Commission of another offense of sexual assault. Evidence, §24-4-413. Civil or administrative proceedings, §24-4-415. Rape shield law, §24-4-412. CHILD WITNESSES. Child victim of or witness to crime. Competency to testify, credibility, determination, §24-6-603. Dependency proceedings. Competency to testify, credibility, determination, §24-6-603. Depositions. Criminal proceedings, §24-13-131. Description of sexual contact or physical abuse. Hearsay exception, §24-8-820.
CHILD WITNESSES - Cont’d Sex offense cases. Child’s description of sexual conduct or physical abuse. Testimony as to, §24-8-820. Description of sexual contact. Hearsay exception, §24-8-820. Sexual conduct or physical abuse. Testimony as to child’s description, §24-8-820. Termination of parental rights. Competency to testify, credibility, determination, §24-6-603. CHIROPRACTORS. Bills for expenses. Evidence. Identification, §24-9-921. Evidence. Bills for expenses. Identification, §24-9-921. Malpractice. Statements or conduct expressing regret, apology, sympathy, etc. Inadmissible, not admission of liability, §24-4-416. Medical report in narrative form, §24-8-826. Medical malpractice. Evidence. Statements of sympathy, §24-4-416. Medical report in narrative form. Evidence, §24-8-826. CIRCUMSTANTIAL EVIDENCE. Conviction on. Requirements, §24-14-6. CITATIONS. Lost or destroyed records. Bond, bill, note, draft, check. Establishing duplicate. Issuance to debtor or maker to appear, §24-11-21. CIVIL PRACTICE. Evidence. Generally, §§24-1-1 to 24-14-47. CLAIMS. Compensation offered in compromising disputed claim. Evidence. Inadmissible, §24-4-408. Evidence. Compensation offered in compromising disputed claim. Inadmissible, §24-4-408.
INDEX CLERGYMAN-PENITENT PRIVILEGE, §24-5-502. COMMISSIONERS 1958 STANDARD ORDINARY MORTALITY TABLE. Evidence. Wrongful death or permanent injury proceedings, §24-14-45. COMMON LAW. Evidence. Continued application, §24-1-2. Rules of evidence. Continued application, §24-1-2. COMPLAINTS. Lost or destroyed records. Bond, bill, note. Proceeding on duplicate after establishment with certified endorsement, §24-11-27. COMPROMISE AND SETTLEMENT. Conduct or statements made in negotiations. Evidence. Inadmissible, §24-4-408. Evidence. Conduct or statements made in negotiations. Inadmissible, §24-4-408.
CONFIDENTIALITY OF INFORMATION - Cont’d Library records, §24-12-30. Medical information, §§24-12-1, AIDS confidential information, §§24-12-20, 24-12-21. Disclosure of confidential or privileged medical matter, §§24-12-10 to Privileges and privileged communications, §§24-5-501 to Research data. Confidential raw research data, §24-12-2. Universities and colleges. Raw research data, §24-12-2. Veterinarian’s care of animals, §24-12-31. CONSENT. AIDS confidential information. Disclosure, §24-12-21. CONSPIRACIES. Admissions. Exclusions from hearsay rule. Statements made by coconspirator, §24-8-801. Coconspirator’s statements. Evidence. Exclusion from hearsay rule, §24-8-801. Evidence. Statements made by coconspirator. Exclusions from hearsay rule, §24-8-801. Hearsay. Coconspirator’s statements. Exclusion from hearsay rule, §24-8-801.
CONFESSIONS. Conviction not justified by uncorroborated confession alone, §24-8-823. Hearings on admissibility. Conducted out of jury’s hearing, §24-1-104. Made under spiritual exhortation, promise of secrecy or collateral benefit, §24-8-825. Received with caution, §24-8-823. Uncorroborated confession alone. Conviction not justified, §24-8-823. Voluntarily made without inducement of benefit or fear of injury. Required to be admissible, §24-8-824.
CONSTITUTION OF GEORGIA. Judicial notice, §24-2-220.
CONFIDENTIALITY OF INFORMATION. Deaf and hearing impaired persons. Interpreters. Presence of interpreter not to vitiate privilege or confidentiality, §24-6-657. Evidence. Privileged communications, §§24-5-501 to 24-5-510.
CONTEMPT. Depositions in criminal proceedings. Harassment or delay, §24-13-139. Evidence. Inapplicability of rules. Proceedings in with court may act summarily, §24-1-2. Immunity from prosecution. Court order requiring testimony or production of evidence. Refusal to testify, §24-5-507.
INDEX CONTEMPT - Cont’d Rules of evidence. Inapplicability of rules. Proceedings in with court may act summarily, §24-1-2. Subpoenas. Enforcement, §24-13-26. Misuse, §24-13-21. Witnesses. Immunity from prosecution. Court order requiring testimony or production of evidence. Refusal to testify, §24-5-507. Securing attendance of witnesses from without state. Failure to attend and testify, §24-13-92. Witness summoned to testify in Georgia court, §24-13-94. CONTENTS OF WRITINGS, RECORDS OR PHOTOGRAPHS. Evidence, §§24-10-1001 to 24-10-1008. CONTINUANCES. Lost or destroyed records. Unofficial papers. Proceedings to establish duplicate, §24-11-24. Subpoena issued in proceedings, §24-13-26. Witnesses. Fees. Claim or receipt prohibited, §24-13-2. Continuance due to witness’ absence. No fees, §24-13-3. CONTRACTS. Ambiguities. Evidence explaining, §24-3-3. Construction. Parole evidence, §§24-3-1 to 24-3-10. Contemporaneous writings. Admissibility to explain each other, §24-3-3. Discharge of contract. Parol evidence, §24-3-6. Evidence. Ambiguities. Explaining, §24-3-3. Change place of performance, §24-3-6. Contemporaneous writings, §24-3-3. Discharge entire contract, §24-3-6. Enlarge time of performance, §24-3-6. Known and established usage, §24-3-5.
CONTRACTS - Cont’d Evidence - Cont’d Mistake in contract required to be in writing, §24-3-7. New and distinct subsequent agreement, §24-3-6. Parol evidence. Generally, §§24-3-1 to 24-3-10. Surrounding circumstance, §24-3-4. Unwritten portions. Admissible where not inconsistent, §24-3-2. Void writing, §24-3-8. Known and established usage. Evidence. Admissible in aid of construction, §24-3-5. Mistake. 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. Admissibility to aid in construction of contracts, §24-3-4. Usage. Known and established usage. Admissible in aid of construction, §24-3-5. Void and illegal contracts. Parol evidence. Admissible to show writing void, §24-3-8. CONVEYANCES. 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.
INDEX COUNSELORS. Bills for expenses. Evidence. Identification, §24-9-921. Communications between professional counselor and patient. Privileged, §24-5-501. Evidence. Bills for expenses. Identification, §24-9-921. Communications between professional counselor and patient. Privileged, §24-5-501. Medical report in narrative form, §24-8-826. Proceeding for unanticipated outcome. Statements or conduct expressing regret, apology, sympathy etc. Inadmissible, not admission of liability, §24-4-416. Medical report in narrative form. Evidence, §24-8-826. Privileged communications, §24-5-501. Public safety officers. Peer counselors, privileged communications, §24-5-510.
CREDIBILITY OF WITNESSES - Cont’d Conviction of crime. Use to attack character of truthfulness, §24-6-609. Determined by trier of fact, §24-6-620. Hearsay statement admitted. Declarant’s credibility, §24-8-806. Instructions as to credibility, §24-6-620. Opinion or reputation evidence. Attacking or supporting, limitations, §24-6-608. Party calling witness may attack, §24-6-607. Prior consistent statements. Rebutting attack on credibility, §24-6-613. Religious beliefs or opinions. Not admissible to prove credibility impaired or enhanced, §24-6-610.
COURT APPOINTED COUNSEL. Deposition of accused in criminal case, §24-13-132. Hearing impaired persons. Court qualified interpreter provided, §24-6-654.
CRIMINAL LAW AND PROCEDURE. Accused wishing to testify, §24-5-506. Admissions. Exclusion from hearsay rule, limitation, §24-8-801. Generally, §§24-8-820 to 24-8-826. Appointment of counsel for indigent defendants. Deposition of accused, §24-13-132. Hearing impaired persons. Court qualified interpreter provided, §24-6-654. Attorneys. Hearing impaired persons. Public defender or court appointed counsel. Court qualified interpreter provided, §24-6-654. Indigent defendants. Appointment of counsel for indigent defendants. Deposition of accused, §24-13-132. Hearing impaired persons. Qualified interpreter provided, §24-6-654. Beyond reasonable doubt. Burden of proof, §24-14-5.
COURT APPOINTED EXPERTS. Procedure for appointing, compensation, presentation of testimony, §24-7-706. COURTS. Estoppels. Proper conduct, §24-14-26. Evidence. Generally, §§24-1-1 to 24-14-47. Presumptions. Estoppels. Proper conduct, §24-14-26. Proper conduct. Estoppel, §24-14-26. Rules of evidence. Applicability of rules to all courts, §24-1-2. Generally, §§24-1-1 to 24-14-47. CREDIBILITY OF WITNESSES. Any party may attack, §24-6-607.
CRIMINAL BACKGROUND CHECKS. Employment actions, admissibility of criminal history record information, §24-4-419.
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Burden of proof, §§24-14-1 to 24-14-9. Beyond reasonable doubt, §24-14-5. Circumstantial evidence. Conviction on, requirements, §24-14-6. Evidence sufficient to produce mental conviction, §24-14-3. Presumptions. Generally, §§24-14-20 to 24-14-29. Testimony of single witness. Generally sufficient to establish fact, exceptions, §24-14-8. Character or trait of character. Admissibility, §24-4-404. Conduct. Inadmissible to prove, exceptions, other crimes, §24-4-404. Cross-examination, §24-4-405. Methods of proving, §24-4-405. Specific instances of person’s conduct, §24-4-405. Testimony as to reputation or in form of opinion. Proof made by, §24-4-405. Circumstantial evidence. Conviction on, requirements, §24-14-6. Commitment hearings. Evidence. Applicability of rules, hearsay admissible, §24-1-2. Rules of evidence. Applicability, hearsay admissible, §24-1-2. Confidential raw research data. Evidence, §24-12-2. Costs and expenses. Depositions, §24-13-132. Court appointed counsel for indigent defendants. Deposition of accused, §24-13-132. Hearing impaired persons. Court qualified interpreter provided, §24-6-654. Deaf and hearing impaired persons. Interpreters for arrested hearing impaired person. Duty of arresting agency to provide, §24-6-653. Interrogation after arrest. Duty to provide, §24-6-653. Public defender or court appointed counsel provided. Duty to provide court qualified interpreter, §24-6-654.
CRIMINAL LAW AND PROCEDURE - Cont’d Depositions, preservation of testimony, §§24-13-130 to Evidence generally, §§24-1-1 to Evidence in criminal proceedings. Accused’s commission of another DUI violation, §24-4-417. Accused’s commission of another offense of child molestation. Child molestation defined, admissibility, procedure, §24-4-414. Accused’s commission of another offense of sexual assault. Sexual assault defined, admissibility, procedure prior to admission, §24-4-413. Accused wishing to testify, §24-5-506. Admissions. Exclusion from hearsay rule, limitation, §24-8-801. Generally, §§24-8-820 to 24-8-826. Beyond a reasonable doubt, §24-14-5. Burden of proof, §§24-14-1 to 24-14-9. Beyond a reasonable doubt, §24-14-5. Circumstantial evidence. Conviction on, requirements, §24-14-6. Evidence sufficient to produce mental conviction, §24-14-3. Presumptions. Generally, §§24-14-20 to 24-14-29. Testimony of single witness. Generally sufficient to establish fact, exceptions, §24-14-8. Character or trait of character. Admissibility, §24-4-404. Conduct, inadmissible to prove, exceptions, other crimes, §24-4-404. Methods of proving, §24-4-405. 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.
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Evidence in criminal proceedings - Cont’d Commission of another DUI violation by accused, §24-4-417. Commission of another offense of child molestation. Child molestation defined, admissibility, procedure, §24-4-414. Commission of another offense of sexual assault. Sexual assault defined, admissibility, procedure prior to admission, §24-4-413. Commitment hearings, §24-1-2. Confessions. Conviction on uncorroborated confession alone not justified, §24-8-823. Made under spiritual exhortation, promise of secrecy or collateral benefit, §24-8-825. Received with caution, §24-8-823. Voluntarily made without inducement of benefit or fear of injury. Required to be admissible, §24-8-824. Confidential raw research data, §24-12-2. Criminal gang activity. Admissibility of evidence of criminal gang activity on any relevant matter, §24-4-418. Depositions, §§24-13-130 to 24-13-139. Driving under the influence. Commission of another violation by accused, §24-4-417. Expert witnesses. Mental state or condition of accused constituting element of crime charged or defense. Opinion or inference prohibited, §24-7-704. Ultimate issue to be decided by trier of fact, §24-7-704. Failure of accused to testify. No presumption, no comment allowed, §24-5-506. Guilt. Presumption. Rebuttable presumptions, §24-14-21.
CRIMINAL LAW AND PROCEDURE - Cont’d Evidence in criminal proceedings - Cont’d Guilty plea later withdrawn. Inadmissible against defendant making plea, exceptions, §24-4-410. Habeas corpus ad testificandum. Prisoners needed as witness or to stand trial. Issuance to cause production, §24-13-62. Prisoner under death penalty requested as witness, §24-13-60. Hearsay, §§24-8-801 to 24-8-807. Admissions. Exclusion from hearsay rule, limitation, §24-8-801. Home address of law enforcement officers or nonsworn employees of law enforcement agencies. Privileged information, §24-5-504. Husband and wife privilege. 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. Immunity from prosecution. Court order requiring testimony or production of evidence, §24-5-507. Refusal to testify, contempt, §24-5-507. Innocence. Presumption. Rebuttable presumptions, §24-14-21. Law enforcement officers. Home address. Privileged information, exception, §24-5-504. Mental state or condition of accused constituting element of crime charged or defense. Expert witnesses. Opinion or inference prohibited, §24-7-704. Nolo contendere. Inadmissible against defendant making plea, exceptions, §24-4-410.
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Evidence in criminal proceedings - Cont’d Other crimes, wrongs or acts. Admissibility, exceptions, §24-4-404. Child molestation, §24-4-414. DUI violation by accused, §24-4-417. Sexual assault, §24-4-413. Past sexual behavior of complaining witness. Conduct included, §24-4-412. Generally inadmissible, §24-4-412. When admissible, procedure for introducing, §24-4-412. Plea discussions. Statements by participating defendant inadmissible, exceptions, §24-4-410. Presumptions, §§24-14-20 to 24-14-29. Rebuttable presumptions, §24-14-21. Prior crimes, wrongs or acts. 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. Prisoners needed as witnesses or to stand trial, §§24-13-60 to Privileged communications generally, §§24-5-501 to 24-5-510. Rape shield law. Past sexual behavior of complaining witness. Conduct included, §24-4-412. Generally inadmissible, §24-4-412. When admissible, procedure for introducing, §24-4-412. Research. Confidential raw research data, §24-12-2. Self-incrimination. Privilege against. Accused, §24-5-506. No presumption, no comment on failure to testify, §24-5-506. Immunity from prosecution. Court order requiring testimony or production of evidence, §24-5-507. Party or witness, §24-5-505.
CRIMINAL LAW AND PROCEDURE - Cont’d Evidence in criminal proceedings - Cont’d Sexual assault. Commission of another offense of sexual assault. Sexual assault defined, admissibility, procedure prior to admission, §24-4-413. Past sexual behavior of complaining witness, §24-4-412. Subpoenas, §§24-13-20 to 24-13-29. Testimony of single witness. Generally sufficient to establish fact, exceptions, §24-14-8. Treason. Single witness testimony insufficient, §24-14-8. Uncorroborated testimony. Testimony of single witness. Generally sufficient to establish fact, exceptions, §24-14-8. Victim of criminal offense. Right to present in court exercising jurisdiction, §24-6-616. Expert witnesses. Mental state or condition of accused constituting element of crime charged or defense. Opinion or inference prohibited, §24-7-704. Ultimate issue to be decided by trier of fact, §24-7-704. Failure of accused to testify. No presumption, no comment, §24-5-506. Home address of law enforcement officers or nonsworn employees of law enforcement agencies. Privileged information, exception, §24-5-504. Husband and wife. Privileged communications. 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.
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Innocence. Presumption. Rebuttable, §24-14-21. Interpreter for arrested hearing impaired person. Duty of arresting agency to provide, §24-6-653. Interrogation after arrest. Duty to provide, §24-6-653. Public defender or court appointed counsel provided. Duty to provide court qualified interpreter, §24-6-654. Law enforcement officers. Home address. Privileged information, exception, §24-5-504. Other crimes, wrongs or acts. 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 inadmissible, §24-4-412. When admissible, procedure for introducing, §24-4-412. Perpetuation of testimony. Depositions to preserve testimony, §§24-13-130 to 24-13-139. Pleas. Evidence. Guilty plea later withdrawn. Inadmissible against defendant making, exceptions, §24-4-410. Nolo contendere. Inadmissible against defendant making, exceptions, §24-4-410. Plea discussions. Statements by participating defendant inadmissible, exceptions, §24-4-410. Presumptions. Generally, §§24-14-20 to 24-14-29. Rebuttable presumptions, §24-14-21. Prior crimes, wrongs or acts. Evidence. Admissibility, exceptions, §24-4-404. Child molestation, §24-4-414.
CRIMINAL LAW AND PROCEDURE - Cont’d Prior crimes, wrongs or acts - Cont’d Evidence - Cont’d DUI violation by accused, §24-4-417. Pretrial notice to defense, §24-4-404. Sexual assault, §24-4-413. Prisoner needed as witness or to stand trial. Delivery of prisoner to sheriff of county where prisoner desired. Cost and expenses of transporting and keeping, §24-13-60. Ex parte order directed to commissioner of corrections, §24-13-60. Habeas corpus ad testificandum. Issuance to cause production, §24-13-62. Prisoner under death penalty requested as witness, §24-13-60. Judge’s order requiring production. Issuance to officer having custody of prisoner, §24-13-61. Prisoner under death sentence. Interview of witness by requesting party, §24-13-60. Motion for writ of habeas corpus ad testificandum by requesting party, §24-13-60. Prisons and prisoners. Witnesses. Prisoners needed as witnesses or to stand trial, §§24-13-60 to Privileges and privileged communications, §§24-5-501 to Rape shield law. Evidence. Past sexual behavior of complaining witness. Conduct included, §24-4-412. Generally inadmissible, §24-4-412. When admissible, procedure for introducing, §24-4-412. Reasonable doubt. Burden of proof, §24-14-5. Research. Evidence. Confidential raw research data, §24-12-2. Rules of evidence. Generally, §§24-1-1 to 24-14-47. Subpoenas. General provisions, §§24-13-20 to
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Treason. Evidence. Single witness testimony insufficient, §24-14-8. Witnesses. Accused wishing to testify, §24-5-506. Child witnesses. Competency of child victim or witness to testify, credibility, determination, §24-6-603. Conviction of crime. Impeachment by, §24-6-609. Depositions, §§24-13-130 to 24-13-139. Expert witnesses. Mental state or condition of accused constituting element of crime charged or defense. Opinion or inference prohibited, §24-7-704. Ultimate issue to be decided by trier of fact, §24-7-704. Failure of accused to testify. No presumption, no comment, §24-5-506. Habeas corpus ad testificandum. Prisoners needed as witness or to stand trial. Issuance to cause production, §24-13-62. Prisoner under death penalty requested as witness, §24-13-60. Immunity from prosecution. Court requiring testimony or production of evidence, §24-5-507. Prisoners needed as witnesses or to stand trial, §§24-13-60 to Privileged communications generally, §§24-5-501 to 24-5-510. Securing attendance of witnesses from without state, §§24-13-90 to Applicable to state enacting reciprocal powers, §24-13-97. Arrest or service of process. Privilege from. Witnesses coming into state or passing through state in obedience to summons, §24-13-96.
CRIMINAL LAW AND PROCEDURE - Cont’d Witnesses - Cont’d Securing attendance of witnesses from without state - Cont’d Certification of need for testimony. Judge of court of record in any state, §24-13-92. Prisoner material and necessary witness, §24-13-93. Judge of court of record in Georgia, §24-13-94. Prison material witness and necessary, §24-13-95. Construction of article, §24-13-97. Contempt, fine, imprisonment. Failure to attend and testify, §24-13-92. Witness summoned to testify in Georgia court, §24-13-94. Death sentence, prisoners under. Inapplicability, §24-13-93. Definitions, §24-13-91. Failure of witness to attend and testify, §24-13-92. Witness summoned to testify in Georgia court, §24-13-94. Hearing to determine witness material and necessary, §24-13-92. Prisoner material and necessary witness, §24-13-93. Insane or mentally ill prisoners. Inapplicability, §24-13-93. Mileage and travel expenses of witness, §24-13-92. Witness summoned to testify in Georgia court, §24-13-94. Order directing witness to attend and testify. Prisoner, §§24-13-93, 24-13-95. Ordering custody of witness and delivery to officer of requesting state. In lieu of issuing subpoena or summons, §24-13-92. Prisoners, §§24-13-93, 24-13-95. Requesting state to come to Georgia penal institution to accept custody and transport prisoner. Court ordering, §24-13-93. Return of witness at conclusion of testimony, §24-13-93. Summons directing witness to attend and testify, §24-13-92. In Georgia, §24-13-94.
INDEX CRIMINAL LAW AND PROCEDURE - Cont’d Witnesses - Cont’d Securing attendance of witnesses from without state - Cont’d Uniform act to secure attendance of witnesses from without state. Title of act, §24-13-90. Self-incrimination. Privilege against. Accused, §24-5-506. No presumption, no comment on failure to testify, §24-5-506. Immunity from prosecution. Court requiring testimony or production of evidence, §24-5-507. Party or witness, §24-5-505. Uniform act to secure the attendance of witnesses from without state, §§24-13-90 to 24-13-97. CRIMINAL STREET GANGS. Evidence of criminal gang activity. Admissibility of evidence of criminal gang activity on any relevant matter, §24-4-418. CROSS-EXAMINATION, §24-6-611. Accused testifying upon preliminary matter. Other issues in proceedings. Prohibited, §24-1-104. Bills for medical expenses. Witness identifying, §24-9-921. Court called witness, §24-6-614. Evidence of character or trait of character. Inquiry as to specific instances of conduct, §24-4-405. Hearsay statement admitted. Declarant of statement, §24-8-806. Impeachment. Any party may attack credibility, §24-6-607. Conviction of crime. Use to attack character of truthfulness, §24-6-609. Opinion or reputation evidence. Attacking or supporting credibility, limitations, §24-6-608. Party calling witness may attack credibility, §24-6-607. Religious beliefs or opinions. Not admissible to prove credibility impaired or enhanced, §24-6-610.
CROSS-EXAMINATION - Cont’d Impeachment - Cont’d Remedial measures. Offered for impeachment purposes, §24-4-407. Leading questions, §24-6-611. Medical report in narrative form. Person signing, §24-8-826. Refreshing recollection. Writing used while or before testifying, §24-6-612. Right, §24-6-611. Several parties with distinct interests, §24-6-611. CRYPTS. Family record hearsay exclusion. Inscriptions on, §24-8-803. CULPABILITY. Evidence. Remedial measures taken after injury or harm. Inadmissible to prove culpable conduct, §24-4-407. Remedial measures taken after injury or harm. Evidence. Inadmissible to prove culpable conduct, §24-4-407. D DAMAGES. Evidence. Wrongful death or permanent injury proceedings. Value of life or future earnings, §24-14-45. Future earnings. Evidence. Permanent injury proceedings, §24-14-45. Mortality tables. Evidence. Wrongful death or permanent injury proceedings. Value of life or future earnings, §24-14-45. Value of life. Evidence. Wrongful death proceedings, §24-14-45. Wrongful death. Computing value of life. Evidence, §24-14-45.
INDEX DEAF AND HEARING IMPAIRED PERSONS. Arrest. Interpreters provided. Duty of arresting agency, §24-6-653. Interrogation after arrest. Duty to provide, §24-6-653. Interpreters, §§24-6-650 to 24-6-658. Ability of interpreter to communicate and translate information. Duty of agency providing interpreter to determine, §24-6-656. Agency conducting proceeding. Agency defined, §24-6-651. Duty to provide qualified interpreter, §24-6-652. Arresting law enforcement agency. Duty to provide qualified interpreters, §24-6-653. Assurance of effective communication with hearing impaired person. Duty of agency prior to beginning proceeding, §24-6-657. Compensation, §24-6-658. Court qualified interpreter. Defined, §24-6-651. Definitions, §24-6-651. Duty to provide qualified interpreter. Ability of interpreter to communicate and translate information. Duty of agency providing interpreter to determine, §24-6-656. Agency conducting proceeding, §24-6-652. Arresting law enforcement agency, §24-6-653. Compensation by agency providing, §24-6-658. Court providing public defender or court appointed counsel, §24-6-654. Electronic and visual recording of testimony, §24-6-657. Evidence obtained from interrogation of arrested hearing impaired person. Admissibility, requirements, §24-6-653. Failure to request. Not deemed waiver, §24-6-655. Hearing impaired person. Defined, §24-6-651. Intermediary interpreter. Defined, §24-6-651.
DEAF AND HEARING IMPAIRED PERSONS - Cont’d Interpreters - Cont’d Interrogation of arrested hearing impaired person by law enforcement. Duty to provide qualified interpreter prior to, §24-6-653. No qualified interpreter available. Written interrogation and answers taken, preserved, turned over to court, §24-6-653. Notification to agency of need of interpreter. Duty of hearing impaired person, §24-6-652. Oath prior to providing services, §24-6-657. Policy of state, §24-6-650. Privileged or confidential communications. Presence of interpreter not to vitiate privilege or confidentiality, §24-6-657. Public defender or court appointed counsel provided. Duty to provide court qualified interpreter, §24-6-654. Qualified interpreter. Defined, §24-6-651. Release of detained hearing impaired person. Qualified interpreter unavailable, §24-6-653. State policy, §24-6-650. Waiver of right to use, §24-6-655. When qualified interpreter to be provided by agency, §24-6-652. Arresting law enforcement agency, §24-6-653. Court providing public defender or court appointed counsel, §24-6-654. Privileged or confidential communications. Interpreters. Presence of interpreter not to vitiate privilege or confidentiality, §24-6-657. DEATH. Evidence. Presumed death. Written finding by United States officers or employees, §24-14-47.
INDEX DEATH - Cont’d Presumptions. Evidence of presumed death. Written finding by United States officers or employees, §24-14-47. DEEDS. Ancient deeds. Estoppel. Admissibility, §24-14-26. Copies. Evidence. Withdrawal of originals. Substitution of duplicates, §24-13-7. Estoppel. Ancient deeds. Admissibility, §24-14-26. Recitals, §24-14-26. Evidence. Estoppel. Ancient deeds. Admissibility, §24-14-26. Recitals, §24-14-26. Hearsay rule exclusion. Records or documents affecting interest in property, §24-8-803. Mistake. Parol evidence to prove, §24-3-7. Withdrawal of originals. Substitution of duplicates, §24-13-7. Hearsay rule exclusion. Records or documents affecting interest in property, §24-8-803. Mistakes. Proof by parol evidence, §24-3-7. Parol evidence. Mistake. Proving, §24-3-7. Presumptions. Ancient deeds. Estoppel, §24-14-26. Recitals. Estoppel, §24-14-26. Withdrawal of originals from court and record of case. Substitution of duplicates, §24-13-7. DEFINED TERMS. Admission, §24-8-801. Agencies. Interpreters for hearing impaired, §24-6-651. Agent. Privileged communications with agents providing services to victims of family violence or sexual assault, §24-5-509.
DEFINED TERMS - Cont’d Bank. Presumption of payment of check, §24-14-25. Check. Presumption of payment of check, §24-14-25. Client. Public safety officers, peer counselors, privileged communications, §24-5-510. Confidential raw research data. Evidence, §24-12-2. Court qualified interpreter. Interpreters for hearing impaired, §24-6-651. Custodian. Lost, mutilated, stolen or destroyed public records, §24-11-1. Declarant. Hearsay, §24-8-801. Director. Witness fees. Law enforcement officers, §24-13-28. Duplicate. Contents of writings, recordings or photographs, §24-10-1001. Lost, mutilated, stolen or destroyed public records, §24-11-1. Estoppels. Presumptions, §24-14-26. Excited utterance. Exclusion from hearsay rule, §24-8-803. Family violence. Privileged communications with agents providing services to victims of family violence or sexual assault, §24-5-509. Family violence shelter. Privileged communications with agents providing services to victims of family violence or sexual assault, §24-5-509. Family violence victim. Privileged communications with agents providing services to victims of family violence or sexual assault, §24-5-509. Foreign jurisdiction. Uniform interstate depositions and discovery act, §24-13-111. Foreign subpoena. Uniform interstate depositions and discovery act, §24-13-111.
INDEX DEFINED TERMS - Cont’d Government agency. Privileged communications with agents providing services to victims of family violence or sexual assault, §24-5-509. Health care provider. Evidence, §24-4-416. Hearing impaired person. Interpreters for hearing impaired, §24-6-651. Hearsay, §24-8-801. Intermediary interpreters. Interpreters for hearing impaired, §24-6-651. Law enforcement officer. Witness fees, §24-13-28. Negative effect of the disclosure of the evidence on the victim. Privileged communications with agents providing services to victims of family violence or sexual assault, §24-5-509. Offense of child molestation. Evidence, §§24-4-414, 24-4-415. Offense of sexual assault. Evidence, §§24-4-413, 24-4-415. Office paper. Lost or destroyed records, §24-11-20. Original. Contents of writings, recordings or photographs, §24-10-1001. Peer counselors. Public safety officers, privileged communications, §24-5-510. Person. Uniform interstate depositions and discovery act, §24-13-111. Photograph. Contents of writings, recordings or photographs, §24-10-1001. Present sense impression. Exclusion from hearsay rule, §24-8-803. Presumption of fact, §24-14-20. Presumption of law, §24-14-20. Proceeding. Interpreters for hearing impaired, §24-6-651. Program. Privileged communications with agents providing services to victims of family violence or sexual assault, §24-5-509. Psychotherapeutic techniques. Evidence, §24-5-501.
DEFINED TERMS - Cont’d Psychotherapy. Evidence, §24-5-501. Public entity. Public safety officers, peer counselors, privileged communications, §24-5-510. Public office. Authentication and identification of evidence, §24-9-904. Hearsay, §24-8-801. Public officer. Authentication and identification of evidence, §24-9-904. Public official. Hearsay, §24-8-801. Public record. Contents of writings, recordings or photographs, §24-10-1001. Hearsay, §24-8-801. Lost, mutilated, stolen or destroyed public records, §24-11-1. Public safety officer. Peer counselors, privileged communications, §24-5-510. Qualified interpreter. Interpreters for hearing impaired, §24-6-651. Rape crisis center. Privileged communications with agents providing services to victims of family violence or sexual assault, §24-5-509. Recollection recorded. Hearsay, §24-8-803. Recording. Contents of writings, recordings or photographs, §24-10-1001. Regular duty hours. Witness fees. Law enforcement officers, §24-13-28. Service. Privileged communications with agents providing services to victims of family violence or sexual assault, §24-5-509. Sexual assault. Privileged communications with agents providing services to victims of family violence or sexual assault, §24-5-509. Sexual assault victim. Privileged communications with agents providing services to victims of family violence or sexual assault, §24-5-509.
INDEX DEFINED TERMS - Cont’d State. Uniform interstate depositions and discovery act, §24-13-111. Statement. Hearsay, §24-8-801. Statement against interest. Hearsay, §24-8-804. Subpoena. Uniform interstate depositions and discovery act, §24-13-111. Witness subpoena, §24-13-21. Telephone service provider. Authentication and identification of evidence, §24-9-904. Unavailability of witness. Authenticating witness, §24-9-923. Unavailable as witness. Hearsay, §24-8-804. Victim. Privileged communications with agents providing services to victims of family violence or sexual assault, §24-5-509. Writing. Contents of writings, recordings or photographs, §24-10-1001.
DENTISTS - Cont’d Medical malpractice. Evidence. Statements of sympathy, §24-4-416. Medical report in narrative form. Evidence, §24-8-826.
DENTAL ASSISTANTS. Evidence in proceeding for unanticipated outcome. Statements or conduct expressing regret, apology, sympathy etc. Inadmissible, not admission of liability, §24-4-416.
DEPOSITIONS. Contents of writings, recordings or photographs. Proving by, §24-10-1007. Criminal proceedings, preservation of testimony, §§24-13-130 to Agreement of parties, §24-13-138. Appointment of counsel for accused, §24-13-132. Expenses for taking, §24-13-132. Audiovisual recording, §24-13-137. Child abuse or child molestation cases. Physicians, taking testimony in, §24-13-130. Child witnesses, §24-13-131. Conduct by accused warranting exclusion, §24-13-131. Consent of accused required, §24-13-133. Contempt. Harassment or delay, §24-13-139. Costs, payment, §24-13-132. Exceptional circumstances. Taken in, intent of general assembly, §24-13-139. Extension of time or change of place, §24-13-131.
DENTAL HYGIENISTS. Evidence in proceeding for unanticipated outcome. Statements or conduct expressing regret, apology, sympathy etc. Inadmissible, not admission of liability, §24-4-416. DENTISTS. Bills for expenses. Evidence. Identification, §24-9-921. Evidence. Bills for expenses. Identification, §24-9-921. Malpractice. Statements or conduct expressing regret, apology, sympathy, etc. Inadmissible, not admission of liability, §24-4-416. Medical report in narrative form, §24-8-826.
DEPENDENCY PROCEEDINGS. Child witnesses. Competency to testify, credibility, determination, §24-6-603. Evidence. Medical report in narrative form. Notice of intention to introduce, §24-8-826. Medical report in narrative form. Notice of intention to introduce, §24-8-826. Notice. Medical report in narrative form. Notice of intention to introduce, §24-8-826. Witnesses. Child witnesses. Competency to testify, credibility, determination, §24-6-603.
INDEX DEPOSITIONS - Cont’d Criminal proceedings, preservation of testimony - Cont’d Failure of accused to appear for examination. Waiver of right to be present, §24-13-131. Harassment or delay. Contempt, §24-13-139. Manner of taking and filing, §24-13-133. Motion. Taking testimony of material witness or physician, §24-13-130. Notice. Taking testimony of material witness or physician, §24-13-130. Time and place, §24-13-131. Objections to interrogation. Judge to rule on, §24-13-133. Objections to receiving into evidence, §24-13-136. Only part of deposition offered in evidence, §24-13-135. Oral or written questions, §24-13-138. Physicians. Taking testimony in child molestation or abuse cases, §24-13-130. Production of accused for examination, §24-13-131. Right of accused to be present at examination, §24-13-131. Scope of examination, §24-13-133. Statements by accused. Making available, duty of state or accused, §24-13-134. Stenographic record, §24-13-137. Taking testimony of material witness, §24-13-130. Time and place. Extension of time or change of place, §24-13-131. Notice, §24-13-131. Unavailability of witness. Use at trial, §24-13-135. When not deemed unavailable, §24-13-135. Use at trial, §24-13-135. Written interrogatories. Court may direct, request or waiver of accused, §24-13-133.
DEPOSITIONS - Cont’d Foreign depositions. Uniform interstate depositions and discovery act, §§24-13-110 to Applicability of provisions. General subpoena and notice provisions, §24-13-115. Issuance of foreign subpoena, §24-13-112. Definitions, §24-13-111. General subpoena and notice provisions. Applicability, §24-13-115. Protective order to enforce, quash or modify subpoena, §24-13-116. Request for issuance of foreign subpoena, §24-13-112. Service of foreign subpoena, §24-13-114. Title of act, §24-13-110. Witness appearance and testimony compelled by subpoena, §24-13-113. Perpetuation of testimony, §§24-13-150 to 24-13-154. DIETETICS. Evidence in proceeding for unanticipated outcome. Statements or conduct expressing regret, apology, sympathy etc. Inadmissible, not admission of liability, §24-4-416. DISABLED PERSONS. Interpreters. Hearing impaired persons, §§24-6-650 to 24-6-658. Witnesses. Interpreters for hearing impaired persons, §§24-6-650 to 24-6-658. DISCOVERY. Confidential raw research data, §24-12-2. Criminal proceedings. Deposition, preservation of testimony, §§24-13-130 to 24-13-139. Perpetuation of testimony, §§24-13-150 to 24-13-154. Research. Confidential raw research data, §24-12-2. DISPATCHERS. Peer counselors, privileged communications, §24-5-510.
INDEX DISTRICT ATTORNEYS. Grand jury. Subpoenas. Issuance in grand jury proceedings, §24-13-21. Subpoenas. Issuance in grand jury proceedings, §24-13-21.
EQUITABLE ESTOPPEL, §24-14-29.
DIVORCE. Evidence. Hearsay rule exclusion. Statements concerning, §24-8-804. Hearsay rule exclusion. Statements concerning, §24-8-804. DOCUMENTARY EVIDENCE. Withdrawal of originals. Substitution of duplicates, §24-13-7. DRAFTS. Duplicate established. Lost or destroyed drafts, §24-11-21. Maker nonresident party, §24-11-22. Lost or destroyed drafts. Duplicate established, §24-11-21. Maker nonresident party, §24-11-22. DRESS. Rape shield law. Past sexual behavior of complaining witness. Mode of dress, §24-4-412. DRIVING UNDER THE INFLUENCE. Evidence. Commission of another DUI violation by accused, §24-4-417. Other DUI violations by accused. Evidence. Admissibility, procedure, §24-4-417. DYING DECLARATION. Hearsay exclusion, §24-8-804. E EMERGENCY MEDICAL PROFESSIONALS. Peer counselors, privileged communications, §24-5-510. EMERGENCY MEDICAL SERVICES. Peer counselors, privileged communications, §24-5-510. EMERGENCY MEDICAL TECHNICIANS. Peer counselors, privileged communications, §24-5-510.
ESTOPPEL. Admission upon which parties have acted, §24-14-26. Ancient deeds and other instruments, §24-14-26. Conclusive presumptions in law, §24-14-26. Equitable estoppel, §24-14-29. Landlord’s title against tenant in possession, §24-14-26. Not generally favored, §24-14-26. Presumptions enumerated, §24-14-26. Proper conduct of officers of law. Dangerous to open investigation. Lapse of time, §24-14-26. Recitals in deeds against grantor, exception, §24-14-26. Record or judgment unreversed, §24-14-26. Solemn admission made in judicio, §24-14-26. Title adverse to trustees and other representatives trust. Setting up, §24-14-28. Title to real estate. Both parties with equal knowledge or equal means of obtaining truth. No estoppel, §24-14-27. EVIDENCE, §§24-1-1 to 24-14-47. Accountants. Privileged communications, §24-5-501. Accused’s commission of other offenses. Child molestation. Child molestation defined, admissibility, procedure, §24-4-414. Civil or administrative proceedings, §24-4-415. Driving under the influence, §24-4-417. Sexual assault. 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. Judicial notice, §24-2-201.
INDEX EVIDENCE - Cont’d Administrative hearings. Applicability, §24-1-2. Admissibility. Admissions, §§24-8-820 to 24-8-826. As to one party for one purpose only. Restriction to proper scope, jury instructed accordingly, §24-1-105. Authentication and identification, §§24-9-901 to 24-9-924. Calendars. Stern’s United States calendar and Stafford’s office calendar, §24-14-43. Character or trait of character, §24-4-404. Child molestation offense. Prior offense committed by accused, §24-4-414. Civil or administrative proceedings, §24-4-415. Compromise negotiations or mediation. Conduct or statements made inadmissible, §24-4-408. Confessions, §24-8-824. Hearings on admissibility. Conducted out of jury’s hearing, §24-1-104. Confidential raw research data, §24-12-2. Contents of writings, recordings or photographs, §§24-10-1001 to DUI violation. Commission of another DUI violation by accused, §24-4-417. Error predicated upon ruling on, §24-1-103. Fulfillment of condition. Evidence sufficient to support fulfillment, §24-1-104. Guilty plea later withdrawn, plea of nolo contendere, plea discussions. Inadmissible, exceptions, §24-4-410. Habit or routine practice, §24-4-406. Health care providers. Statements or conduct expressing regret, apology, sympathy etc. for unanticipated outcome. Inadmissible, not admission of liability, §24-4-416. Hearsay, §§24-8-801 to 24-8-807. Inspection certificates issued by the United States department of agriculture, §24-14-46.
EVIDENCE - Cont’d Admissibility - Cont’d Insurance against liability. Inadmissible, exception, §24-4-411. Judgment, §24-14-42. Limited admissibility. As to one party for one purpose only. Restriction to proper scope, jury instructed accordingly, §24-1-105. Medical, hospital, similar expenses. Furnishing, offering, promising to pay. Inadmissible to prove liability, §24-4-409. Medical report in narrative form, §24-8-826. Missing, missing in action, interned in neutral country, captured. Written report or record by United States officer or employee, §24-14-47. Mortality tables. American Experience Mortality Tables, §24-14-44. Annuity Mortality Table for 1949, Ultimate, §24-14-45. Commissioners 1958 Standard Ordinary Mortality Table, §24-14-45. Not relevant evidence inadmissible, §24-4-402. Objection or motion to strike. Preserving error, when required, §24-1-103. Other crimes, wrongs or acts, §24-4-404. DUI violation, §24-4-417. Sex assault, child molestation, §§24-4-413, 24-4-415. Parol evidence, §§24-3-1 to 24-3-10. Past sexual behavior of complaining witness, §24-4-412. Photographs, motion pictures, video recordings, audio recordings, §24-9-923. Preliminary question. Determining, §24-1-104. Presumed death. Written findings made by officers of United States, §24-14-47. Prior consistent statements by witness, §24-6-613. Prior inconsistent statements by witness. Extrinsic evidence of, §24-6-613.
INDEX EVIDENCE - Cont’d Admissibility - Cont’d Refreshing witness’ recollection. Writing used to, §24-6-612. Relevant evidence, §24-4-402. Religious beliefs or opinions. Not admissible to prove credibility impaired or enhanced, §24-6-610. Remedial measures. Taken after injury or harm, §24-4-407. Secondary evidence. Evidence unsuccessfully sought, §24-13-26. Sexual assault offense. Prior offense committed by accused, §24-4-413. Civil or administrative proceedings, §24-4-415. Admissions, §§24-8-820 to 24-8-826. Allegations or admissions made in pleadings, §24-8-821. Child under 16 years describing act of sexual contact or physical abuse. Admissibility of statement by testimony of person to whom statement made, §24-8-820. Confessions. Conviction based on uncorroborated confession alone not justified, §24-8-823. Made under spiritual exhortation, promise of secrecy or collateral benefit, §24-8-825. Received with caution, §24-8-823. Voluntarily made without inducement of benefit or fear of injury. Required to be admissible, §24-8-824. Contents of writings, recordings or photographs. Proving by written admission, §24-10-1007. Defined, §24-8-801. Medical report in narrative form, §24-8-826. Not hearsay, §24-8-801. Received with care, §24-8-823. Scanned with care, §24-8-823. Statement against interest. Hearsay exclusion, §24-8-804. Whole admission and all conversation admitted, §24-8-822.
EVIDENCE - Cont’d Adoption. Statements concerning. Hearsay exclusion, §24-8-804. AIDS confidential information. Disclosure, §§24-12-20, 24-12-21. Ancestry. Statements concerning. Hearsay exclusion, §24-8-804. Ancient documents. Estoppel, §24-14-26. Hearsay rule exclusion, §24-8-803. Annuities. Wrongful death or permanent injury proceedings. Value of annuities on single lives. Mortality tables used, §24-14-45. Annuity Mortality Table for 1949, Ultimate. Value of life or value of future earning. Computing in wrongful death or permanent injury proceedings, §24-14-45. Appeals. Preserving error, §24-1-103. Applicability of rules of evidence, §24-1-2. Arrest of witness on civil process. Privilege from arrest, §24-13-1. Arrest warrants. Proceedings for issuance. Inapplicability of rules, §24-1-2. Attorney and client. Communications between, privilege, §24-5-501. Writing used to refresh witness’ recollection, §24-6-612. Authentication and identification, §§24-9-901 to 24-9-924. Authenticating witness. When deemed not unavailable, §24-9-923. Bills for medical expenses incurred in treatment of patient. Competent witnesses to identify, §24-9-921. Certificate or attestation of public officer. State or county records, §24-9-920. Condition precedent to admissibility. Satisfaction of requirement, §24-9-901. County records, §24-9-920. Definitions, §24-9-904. Department of driver services records. Electronic records, §24-9-924.
INDEX EVIDENCE - Cont’d Authentication and identification - Cont’d Department of public safety records. Records obtained from terminal connected to crime information center, §24-9-924. Documents not requiring extrinsic evidence, §24-9-902. Examples conforming to requirements, §24-9-901. Extrinsic evidence. When not required, §24-9-902. Full faith and credit. Properly authenticated records of other states, territories or possessions of United States, §24-9-922. Georgia state records, §24-9-920. Other states, territories or possessions of United States. Properly authenticated records, §24-9-922. Photographs, motion pictures, video recordings, audio recordings. Admissibility, unavailability of authenticating witness, §24-9-923. Requirement, §24-9-901. Self-authentication, §24-9-902. Testimony of subscribing witness. When necessary to authenticate writing, §24-9-903. Unavailable authenticating witness. When deemed not unavailable, §24-9-923. Bail. Proceedings with respect to release on bond. Inapplicability, §24-1-2. Best evidence rule. Contents of writings, recordings or photographs, §§24-10-1001 to Lost or destroyed records. Other records, §§24-11-20 to Public records, §§24-11-1 to 24-11-3. Withdrawal of original papers and documents. Substitution of duplicates, §24-13-7. Beyond a reasonable doubt. Burden of proof in criminal cases, §24-14-5. Bills for medical expenses. Competent witnesses to identify, §24-9-921.
EVIDENCE - Cont’d Birth. Statements concerning. Hearsay exclusion, §24-8-804. Blank endorsements of negotiable paper. Explaining, §24-3-10. Boundaries. Hearsay rule exclusion. Judgment as to, §24-8-803. Reputation concerning, §24-8-803. Burden of proof, §§24-14-1 to 24-14-9. Beyond a reasonable doubt, §24-14-5. Change of burden. Discretion of court, §24-14-2. Circumstantial evidence. Conviction on, requirements, §24-14-6. Civil cases. Preponderance of evidence. Sufficient to produce mental conviction, §24-14-3. Criminal proceedings. Beyond a reasonable doubt, §24-14-5. Evidence sufficient to produce mental conviction, §24-14-3. Existence of fact testified to by one positive witness. Believed, exception, §24-14-7. Identity, §24-14-40. Inference of other facts by jury, §24-14-9. Officer de facto, §24-14-41. Party with, §24-14-1. Preponderance of evidence. Determining where preponderance lies, §24-14-4. Jury considerations, §24-14-4. Number of witnesses. Not necessarily with greater number, §24-14-4. Sufficient to produce mental conviction. Civil case only, §24-14-3. Presumptions, §§24-14-20 to 24-14-29. Single witness’ testimony. Generally sufficient to establish fact, exceptions, §24-14-8. Sufficient to produce mental conviction, §24-14-3. Business records. Extrinsic evidence of authenticity. Not required, §24-9-902.
INDEX EVIDENCE - Cont’d Business records - Cont’d Records of regularly conducted activity. Exclusion from hearsay rule, §24-8-803. Absence of records, §24-8-803. Calendars. Stern’s United States calendar and Stafford’s office calendar. Admissibility in proof of dates covered, §24-14-43. Certificate or attestation of public officer. Authentication of state or county records, §24-9-920. Character or trait of character. Admissibility, §24-4-404. Conduct. Inadmissible to prove, exceptions, other crimes, §24-4-404. Cross-examination. Inquiry into specific instances of conduct, §24-4-405. Hearsay rule exclusion. Reputation concerning, §24-8-803. Methods of proving, §24-4-405. Presentencing hearings. Admissibility, §24-4-405. Specific instances of persons conduct. When allowed to prove, §24-4-405. Testimony as reputation in form of opinion. Proof made by, §24-4-405. Truthfulness or untruthfulness. Conviction of crime used to attack character of truthfulness, §24-6-609. Reputation or opinion evidence to attack or support credibility, §24-6-608. Chart, summary calculation. Proving voluminous writings, recordings, photographs, §24-10-1006. Child molestation. Commission of another offense. Child molestation defined, admissibility, procedure, §24-4-414. Civil or administrative proceedings, §24-4-415. Deposition of physician, §24-13-130.
EVIDENCE - Cont’d Child victim of or witness to crime. Child under 16 years describing act of sexual contact or physical abuse. Admissibility of statement by testimony of person to whom statement made, §24-8-820. Competency to testify, credibility, determination, §24-6-603. Circumstantial evidence. Conviction on, requirements, §24-14-6. Claims disputed as to validity or amount. Compensation offered in compromising or attempting to compromise. Inadmissibility, §24-4-408. Clergy. Communications by person professing religious faith seeking spiritual comfort or counseling to member of clergy. Privilege, §24-5-502. Commissioners 1958 Standard Ordinary Mortality Table. Value of life or value of future earning. Computing in wrongful death or permanent injury proceedings, §24-14-45. Common law as expounded by Georgia courts. Continued application, §24-1-2. Competency to be witness. Bills for medical expenses. Competent witnesses to identify, §24-9-921. Child victim of or witness to crime, §24-6-603. Dependency proceedings. Child witnesses, §24-6-603. Generally, §24-6-601. Husband and wife in criminal proceedings, §24-5-503. Judges presiding at trial. Not to testify, no objection to preserve issues, §24-6-605. Jurors. Testifying at trial in which juror sitting. Prohibition, opportunity to object, §24-6-606. Validity of indictment or verdict. Inquiry into, prohibited testimony, exception, §24-6-606. Personal knowledge. Evidence sufficient to support finding. Required to testify, §24-6-602.
INDEX EVIDENCE - Cont’d Competency to be witness - Cont’d Termination of parental rights. Child witnesses, §24-6-603. Completeness, rule of. Written or recorded statement introduced in whole or part. Introduction of any other part or other written or recorded statement. Contemporaneous consideration of other writings, §24-1-106. Compromise negotiations. Conduct or statements made inadmissible, §24-4-408. Condition of fact. Fulfillment, §24-1-104. Confessions. Conviction based on uncorroborated confession alone. Not justified, §24-8-823. Hearings on admissibility. Conducted out of jury’s hearing, §24-1-104. Made under spiritual exhortation, promise of secrecy or collateral benefit, §24-8-825. Received with caution, §24-8-823. Voluntarily made without inducement of benefit or fear of injury. Required to be admissible, §24-8-824. Confidential information. Library records, §24-12-30. Medical information, §24-12-1. AIDS confidential information, §§24-12-20, 24-12-21. Disclosure of confidential or privileged medical matter, §§24-12-10 to 24-12-14. Raw research data, §24-12-2. Veterinarian’s care of animal, §24-12-31. Confusion of issues. Exclusion of relevant evidence, §24-4-403. Construction of rules of evidence, §24-1-1. Contempt proceedings. Proceedings in which court may act summarily. Inapplicability, §24-1-2.
EVIDENCE - Cont’d Contents of writings, recordings or photographs, §§24-10-1001 to Authenticity of original. Question raised, duplicate not admissible, §24-10-1003. Chart, summary calculation. Proving voluminous writings, recording, photographs, §24-10-1006. Condition of fact fulfilled. Court to determine, §24-10-1008. Definitions, §24-10-1001. Duplicate. Admissibility, exceptions, §24-10-1003. Defined, §24-10-1001. Public record proved by, §24-10-1005. Judicial process unavailable to obtain original. Other evidence to prove, §24-10-1004. Lost or destroyed original. Other evidence to prove, §24-10-1004. Original. Defined, §24-10-1001. Required to prove, §24-10-1002. Other evidence admissible to prove, §24-10-1004. Dependent upon fulfillment of condition of fact, determination, §24-10-1008. Photograph defined, §24-10-1001. Public record. Proved by duplicate, §24-10-1005. Recording defined, §24-10-1001. Requirement of original to prove, §24-10-1002. Testimony, deposition or written admission. Proving by, §24-10-1007. Trier of fact to determine. Whether condition of fact fulfilled, §24-10-1008. Unfair to admit duplicate in lieu of original, §24-10-1003. Voluminous writings, recordings, photographs, §24-10-1006. Writing defined, §24-10-1001.
INDEX EVIDENCE - Cont’d Continuation of life for seven years. Rebuttable presumption, §24-14-21. Contracts. Ambiguities. Admissible to explain, §24-3-3. Change of place of performance, §24-3-6. Discharge entire contract, §24-3-6. 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 construction of contracts, §24-3-4. Unwritten portions. Admissible where not inconsistent, §24-3-2. Void writing. Parol evidence admissible to show, §24-3-8. Control of court. Interrogation of witnesses, presentation of evidence, §24-6-611. Conviction of crime. Use to attack character of truthfulness, §24-6-609. Court calling and interrogating witnesses, §24-6-614. Credibility of witness. Attacked by any party, §24-6-607. Conviction of crime. Use to attack character of truthfulness, §24-6-609. Determined by trier of fact, §24-6-620. Hearsay statement admitted. Declarant’s credibility, §24-8-806. Instructions as to. Case tried by jury, §24-6-620. Opinion or reputation evidence. Attacking or supporting, limitations, §24-6-608. Party calling witness attacking, §24-6-607. Prior consistent statements. Rebutting attack on, §24-6-613. Religious beliefs or opinions. Not admissible to prove impaired or enhanced credibility, §24-6-610.
EVIDENCE - Cont’d Criminal commitment or preliminary hearings. Applicability, hearsay admissible, §24-1-2. Criminal gang activity. Admissibility of evidence of criminal gang activity on any relevant matter, §24-4-418. Criminal history record information. Employment actions. Relevance and admissibility, §24-4-419. Culpable conduct. Remedial measures taken after injury or harm. Inadmissible to prove, §24-4-407. Cumulative evidence. Needless presentation. Exclusion of relevant evidence, §24-4-403. Damages. Permanent injury proceedings. Computing future earnings, §24-14-45. Wrongful death actions. Computing value of life, §24-14-45. Danger of unfair justice. Exclusion of relevant evidence, §24-4-403. Dates. 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. Recitals. Estoppel, §24-14-26. Definitions. Admission, §24-8-801. Authentication and identification, §24-9-904. Confidential raw research data, §24-12-2. Contents of writings, recordings or photographs, §24-10-1001. Hearsay, §24-8-801. Law enforcement officer witness fees, §24-13-28.
INDEX EVIDENCE - Cont’d Definitions - Cont’d Lost, mutilated, stolen, destroyed public records, §24-11-1. Presumptions of law or fact, §24-14-20. Relevant evidence, §24-4-401. Statement against interest, §24-8-804. Subpoena, §24-13-21. Department of driver services records. Electronic records, §24-9-924. Records from terminal connected to crime information center, §24-9-924. Department of public safety records. Records from terminal connected to crime information center, §24-9-924. Dependency proceedings. Child witnesses. Competency to testify, credibility, determination, §24-6-603. Medical report in narrative form. Notice of intention to introduce, §24-8-826. Depositions. Criminal proceedings, preservation of testimony, §§24-13-130 to Agreement of parties, §24-13-138. Appointment of counsel for accused, §24-13-132. Expenses for taking, §24-13-132. Audiovisual recording, §24-13-137. Child molestation or abuse case. Physicians, taking testimony, §24-13-130. Child witnesses, §24-13-131. Conduct by accused warranting exclusion, §24-13-131. Consent of accused required, §24-13-133. Contempt. Harassment or delay, §24-13-139. Costs, payment, §24-13-132. Exceptional circumstances. Taken in, intent of general assembly, §24-13-139. Extension of time or change of place, §24-13-131. Failure of accused to appear for examination. Waiver of right to be present, §24-13-131.
EVIDENCE - Cont’d Depositions - Cont’d Criminal proceedings, preservation of testimony - Cont’d Harassment or delay. Contempt, §24-13-139. Manner of taking and filing, §24-13-133. Motion. Taking testimony of material witness or physician, §24-13-130. Notice. Taking testimony of material witness or physician, §24-13-130. Time and place, §24-13-131. Objections to interrogation. Judge to rule on, §24-13-133. Objections to receiving into evidence, §24-13-136. Only part of deposition offered in evidence, §24-13-135. Oral or written questions, §24-13-138. Physicians. Taking testimony in child molestation or abuse cases, §24-13-130. Presence of accused at examination, right, §24-13-131. Production of accused for examination, §24-13-131. Scope of examination, §24-13-133. Statements by accused. Making available, duty of state or accused, §24-13-134. Stenographic record, §24-13-137. Taking testimony of material witness, §24-13-130. Time and place. Extension of time or change of place, §24-13-131. Notice, §24-13-131. Unavailability of witness. Use at trial, §24-13-135. When not deemed unavailable, §24-13-135. Use at trial, §24-13-135. Written interrogatories. Court may direct, request or waiver of accused, §24-13-133. Perpetuation of testimony, §§24-13-150 to 24-13-154.
INDEX EVIDENCE - Cont’d Depositions - Cont’d Uniform interstate depositions and discovery act, §§24-13-110 to Applicability of provisions. General subpoena and notice provisions, §24-13-115. Issuance of foreign subpoena, §24-13-112. Definitions, §24-13-111. General subpoena and notice provisions. Applicability, §24-13-115. Protective order to enforce, quash or modify subpoena, §24-13-116. Request for issuance of foreign subpoena, §24-13-112. Service of foreign subpoena, §24-13-114. Title of act, §24-13-110. Witness appearance and testimony compelled by subpoena, §24-13-113. Determining preliminary question, §24-1-104. Discovery of truth. Object of legal investigations, §24-1-1. Divorce. Statements concerning. Hearsay exclusion, §24-8-804. Documentary evidence. Authentication and identification of evidence, §§24-9-901 to 24-9-924. Withdrawal of originals. Substitution of duplicates, §24-13-7. Driving under the influence. Commission of another violation by accused. Admissibility, procedure, §24-4-417. Duplicates. Contents of writings, recordings or photographs. Admissibility, exceptions, §24-10-1003. Defined, §24-10-1001. Public record proved by, §24-10-1005. Deeds, maps, blueprints, notes, papers and documents. Withdrawal of originals, substitution of duplicates, §24-13-7. Lost or destroyed records. Other records and papers, §§24-11-20 to 24-11-29.
EVIDENCE - Cont’d Duplicates - Cont’d Lost or destroyed records - Cont’d Public records, §§24-11-1 to 24-11-3. Dying declaration. Hearsay rule exclusion, §24-8-804. Equitable estoppel, §24-14-29. Error. Preserving for appeal, §24-1-103. Estoppels. Admission upon which parties have acted, §24-14-26. Ancient deeds and other instruments, §24-14-26. Conclusive presumptions in law, §24-14-26. Equitable estoppel, §24-14-29. Landlord’s title against tenant in possession, §24-14-26. Not generally favored, §24-14-26. Presumptions enumerated, §24-14-26. Proper conduct of courts and judicial officers, §24-14-26. Proper conduct of officers of law. Dangerous to open investigation. Lapse of time, §24-14-26. Recitals in deeds against grantor, exception, §24-14-26. Record or judgment unreversed, §24-14-26. Solemn admission made in judicio, §24-14-26. Title adverse to trustees and other representatives trust. Setting up, §24-14-28. Title to real estate. Both parties with equal knowledge or equal means of obtaining truth. No estoppel, §24-14-27. Excited utterance. Exclusion from hearsay rule, §24-8-803. Exclusion of evidence. Error predicated upon ruling on, §24-1-103. Offer of proof. Preserving error, when required, §24-1-103. Relevant evidence, §24-4-403. Exclusion of witnesses. Request by party, authority of court to order, exceptions, §24-6-615. Existing mental, emotional or physical condition. Declarant’s statement. Hearsay rule exclusion, §24-8-803.
INDEX EVIDENCE - Cont’d Expert witnesses, §§24-7-701 to Affidavit as to qualifications, §24-7-702. Bases of testimony, §24-7-703. Conditions for testifying in form of opinion, §24-7-702. Court appointed experts. Procedure for appointing, compensation, presentation of testimony, §24-7-706. Courts of state not open to evidence not admissible in other states, §24-7-702. Criminal proceedings. Mental state or condition of accused constituting element of crime charged or defense. Opinion or inference prohibited, §24-7-704. Facts or data upon which opinion or inference based, §24-7-703. Medical experts, §24-7-702. Otherwise inadmissible facts and data. Opinion or inference based on, §24-7-703. Pretrial hearing as to qualifications, §24-7-702. Professional malpractice actions. Admissibility of opinion, requirements, §24-7-702. Testimony given on facts proved by other witness, §24-7-702. Ultimate issue to be decided by trier of fact. Testimony not objectionable, §24-7-704. Underlying facts or data. Giving opinion without first testifying to, §24-7-705. Workers’ compensation and administrative proceedings. Provisions not strictly applied, §24-7-702. Extradition or rendition proceedings. Inapplicability of rules, §24-1-2. Failure of accused to testify. No presumption, no comment, §24-5-506. False imprisonment. Privilege of witness from arrest on civil process. Liability of officer holding prisoner, §24-13-1.
EVIDENCE - Cont’d Family history. Hearsay rule exclusion. Family records, §24-8-803. Judgment as to, §24-8-803. Records of religious organizations, §24-8-803. Reputation concerning personal or family history, §24-8-803. Feelings of witnesses towards and relationship to parties. Permitted to be proved for consideration of jury, §24-6-622. Forfeiture. In rem proceedings. Applicability, hearsay admissible, §24-1-2. Privilege. Matters which tend to work forfeiture, exception, §24-5-505. Fulfillment of condition. Admission of evidence sufficient to support fulfillment, §24-1-104. Full faith and credit. Properly authenticated records of other states, territories or possessions of United States, §24-9-922. Future earnings. Computing in permanent personal injury proceedings, §24-14-45. General assembly members. Compelling to attend court and give testimony during general assembly session. Prohibition, §24-13-29. General history. Hearsay rule exclusion. Judgment as to personal, family or general history, §24-8-803. Reputation concerning general history, §24-8-803. Grand jury. Communications among grand jurors, privilege, §24-5-501. Inapplicability of rules, §24-1-2. Guilt. Presumption. Rebuttable, §24-14-21. Guilty plea later withdrawn. Inadmissible against defendant making plea, exceptions, §24-4-410.
INDEX EVIDENCE - Cont’d Habeas corpus ad testificandum. Prisoners needed as witness or to stand trial. Issuance to cause production, §24-13-62. Prisoner under death penalty requested as witness, §24-13-60. Habit or routine practice, §24-4-406. Handwriting. Nonexpert opinion as to genuineness, §24-9-901. Health care providers. Statements or conduct expressing regret, apology, sympathy etc. for unanticipated outcome. Inadmissible, not admission of liability, §24-4-416. Hearsay, §§24-8-801 to 24-8-807. Admissions by party-opponent. Admission defined, §24-8-801. Not excluded as hearsay, §24-8-801. Ancient documents. Exclusion, §24-8-803. Birth, adoption, marriage, divorce, legitimacy, relationship. Exclusion. Statements concerning, §24-8-804. Boundaries or general history. Exclusion. Judgment as to, §24-8-803. Reputation concerning, §24-8-803. Business records. Records of regularly conducted activity. Exclusion, §24-8-803. Absence of records, §24-8-803. Character. Exclusion. Reputation concerning, §24-8-803. Child under 16 years describing act of sexual contact or physical abuse. Admissibility of statement by testimony of person to whom statement made, §24-8-820. Credibility of declarant. Attacking when statement admitted, §24-8-806. Criminal commitment or preliminary hearing. Admissibility, §24-1-2. Declarant. Available as witness. Exclusions, §24-8-803. Called as witness, §24-8-806.
EVIDENCE - Cont’d Hearsay - Cont’d Declarant - Cont’d Credibility of declarant. Attacking when statement admitted, §24-8-806. Defined, §24-8-801. Unavailable as witness. Exclusions, §24-8-804. Defined, §24-8-801. Dying declaration. Exclusion, §24-8-804. Excited utterance. Exclusion, §24-8-803. Exclusions and conditions, §24-8-801. Declarant available as witness, §24-8-803. Declarant unavailable as witness, §24-8-804. Statements not specifically covered by law, §24-8-807. Existing mental, emotional or physical condition. Declarant’s statement, exclusion, §24-8-803. Family history. Exclusion. Family records, §24-8-803. Judgment as to, §24-8-803. Records of religious organizations, §24-8-803. Reputation concerning, §24-8-803. Family records. Exclusion, §24-8-803. Generally inadmissible, §24-8-802. Hearsay within hearsay, §24-8-805. In rem forfeiture proceedings. Admissible, §24-1-2. Interest in property. Records or documents affecting. Exclusion, §24-8-803. Statements in, §24-8-803. Judgment of as to personal, family or general history or boundaries. Exclusion, §24-8-803. Judgment of previous conviction. Exclusion, §24-8-803. Learned treatises. Exclusion, §24-8-803. Market reports and commercial publications. Exclusion, §24-8-803. Marriage, baptismal, similar certificate. Exclusion, §24-8-803.
INDEX EVIDENCE - Cont’d Hearsay - Cont’d Medical diagnosis or treatment. Statements made for purposes of. Exclusion, §24-8-803. Medical report in narrative form, §24-8-826. Objection required, §24-8-802. Out-court statements. When prior statements not hearsay, §24-8-801. Personal history. Exclusion. Judgment as to, §24-8-803. Reputation concerning, §24-8-803. Presentence hearings. Admissible, §24-1-2. Present sense impression. Exclusion, §24-8-803. Prior statements. Testimony in same or different proceeding. Exclusion, §24-8-804. When not hearsay, §24-8-801. Public office. Defined, §24-8-801. Public official. Defined, §24-8-801. Public records and reports. Exclusion, §24-8-803. Absence of record or entry, §24-8-803. Vital statistics, §24-8-803. Public record defined, §24-8-801. Recorded recollection. Exclusion, §24-8-803. Records of regularly conducted activity. Exclusion, §24-8-803. Absence of records, §24-8-803. Religious organizations. Records, exclusion, §24-8-803. Reputation concerning personal or family history. Exclusion, §24-8-803. Residual exception, §24-8-807. Statement against interest. Exclusion, §24-8-804. Statement against party engaged in wrongdoing that procure unavailability. Exclusion, §24-8-804. Statements not specifically covered by law, §24-8-807. Testimony in same or different proceeding. Exclusion, §24-8-804.
EVIDENCE - Cont’d Hearsay - Cont’d Unavailable as witness. Defined, §24-8-804. Vital statistics. Exclusion, §24-8-803. Waiver. Failure to object, §24-8-802. Home address of law enforcement officers or nonsworn employees of law enforcement agencies. Privilege, exception, §24-5-504. Husband and wife. 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 only to specific act, §24-5-503. Identity, §24-14-40. Immunity from prosecution. Court order requiring testimony or production of evidence, §24-5-507. Refusal to testify, contempt, §24-5-507. Impeachment. Any party may attack credibility, §24-6-607. Contradiction, §24-6-621. Conviction of crime. Use to attack character of truthfulness, §24-6-609. Credibility determined by trier of fact, §24-6-620. Disproving facts testified to by witness, §24-6-621. Hearsay statement admitted. Declarant’s credibility, §24-8-806. Instructions as to credibility. Required in cases tried by jury, §24-6-620. Opinion or reputation evidence. Attacking or supporting credibility, limitations, §24-6-608. Party calling witness attacking credibility, §24-6-607. Prior consistent statements. Rebutting attack on, §24-6-613. Remedial measures taken after injury or harm offered for impeachment purposes, §24-4-407.
INDEX EVIDENCE - Cont’d Inadmissible evidence suggested to jury. Prevention, §24-1-103. Inapplicability of rules of evidence, §24-1-2. Inference of other facts by jury, §24-14-9. Innocence. Presumption of. Rebuttable, §24-14-21. Inspection certificates issued by United States department of agriculture, §24-14-46. Insurance against liability. Inadmissible, exception, §24-4-411. Interpreters for hearing impaired, §§24-6-650 to 24-6-658. Ability of interpreter to communicate and translate information. Duty of agency providing interpreter to determine, §24-6-656. Agency conducting proceeding. Agency defined, §24-6-651. Duty to provide qualified interpreter, §24-6-652. Arresting law enforcement agency. Duty to provide qualified interpreters, §24-6-653. Assurance of effective communication with hearing impaired person. Duty of agency prior to beginning proceeding, §24-6-657. Compensation, §24-6-658. Court qualified interpreter. Defined, §24-6-651. Definitions, §24-6-651. Duty to provide qualified interpreter. Ability of interpreter to communicate and translate information. Duty of agency providing interpreter to determine, §24-6-656. Agency conducting proceeding, §24-6-652. Arresting law enforcement agency, §24-6-653. Compensation by agency providing, §24-6-658. Court providing public defender or court appointed counsel, §24-6-654. Electronic and visual recording of testimony, §24-6-657.
EVIDENCE - Cont’d Interpreters for hearing impaired - Cont’d Evidence obtained from interrogation of arrested hearing impaired person. Admissibility, requirements, §24-6-653. Failure to request. Not deemed waiver, §24-6-655. Hearing impaired person. Defined, §24-6-651. Intermediary interpreter. Defined, §24-6-651. Interrogation of arrested hearing impaired person by law enforcement. Duty to provide qualified interpreter prior to, §24-6-653. Evidence obtained from, admissibility, requirements, §24-6-653. No qualified interpreter available. Written interrogation and answers taken, preserved, turned over to court, §24-6-653. Law governing, §24-6-604. Notification to agency of need of interpreter. Duty of hearing impaired person, §24-6-652. Oath prior to providing services, §§24-6-604, 24-6-657. Policy of state, §24-6-650. Privileged or confidential communications. Presence of interpreter not to vitiate privilege or confidentiality, §24-6-657. Public defender or court appointed counsel provided. Duty to provide court qualified interpreter, §24-6-654. Qualified interpreter. Defined, §24-6-651. Release of detained hearing impaired person. Qualified interpreter unavailable, §24-6-653. State policy, §24-6-650. Waiver of right to use, §24-6-655. When qualified interpreter to be provided by agency, §24-6-652. Arresting law enforcement agency, §24-6-653.
INDEX EVIDENCE - Cont’d Interpreters for hearing impaired - Cont’d When qualified interpreter to be provided by agency - Cont’d Court providing public defender or court appointed counsel, §24-6-654. Journalists. Qualified privilege. Disclosure of information in gathering or disseminating news, §24-5-508. Judges presiding at trial. Not to testify, no objection to preserve issue, §24-6-605. Judgments. Admissible to show fact of rendition, §24-14-42. Conclusive as to matter directly in issue. Between parties and privies, §24-14-42. Hearsay rule exclusions, §24-8-803. Judicial notice. Adjudicative facts, §24-2-201. Certified copy of ordinance or resolution, §24-2-221. Hearing as propriety of taking. Entitlement upon request, §24-2-201. Judicially notice fact defined, §24-2-201. Legislative fact, §24-2-220. When taken, §24-2-201. Jury trials. Applicability of rules of evidence, §24-1-2. Credibility of witness. Required instructions in cases tried by jury, §24-6-620. Hearings on confessions. Conducted out of jury’s hearing, §24-1-104. Hearings on preliminary matters. When conducted out of jury’s hearing, §24-1-104. Inadmissible evidence suggested to jury. Prevention, §24-1-103. Inference of other facts by jury, §24-14-9. Instruction restricting evidence to proper scope. Admissible as to one party for one purpose only, §24-1-105.
EVIDENCE - Cont’d Jury trials - Cont’d Jurors as witnesses. Testimony at trial in which juror sitting. Prohibited, opportunity to object, §24-6-606. Validity of indictment or verdict. Inquiry into, prohibited testimony, exception, §24-6-606. Preliminary questions. Accused testifying upon. Cross-examination as to other issues prohibited, §24-1-104. Determining, §24-1-104. Hearing on preliminary matters. Conducted out of jury’s hearing, §24-1-104. Presumption of fact. Exclusively questions for jury, §24-14-20. Relevant evidence misleading jury. Exclusion, §24-4-403. Juvenile courts. Dispositional and custody hearings. Inapplicability, §24-1-2. Law enforcement officers. Home address privileged, exception, §24-5-504. Witness fees. Officer subject to subpoena to attend, §24-13-28. Learned treatises. Hearsay rule exclusion, §24-8-803. Legislative facts. Judicial notice, §24-2-220. Legislators’ exemption. Compelling to attend court and give testimony during general assembly session. Prohibition, §24-13-29. Legitimacy. Statements concerning. Hearsay exclusion, §24-8-804. Liability insurance. Inadmissible, exception, §24-4-411. Library records. Confidential information, §24-12-30. Life expectancy. American Experience Mortality Tables, §24-14-44. Lost or destroyed records. Bond, bill, note, draft, check, other evidence of indebtedness. Petition to establish duplicate, §24-11-21. Appeal, §24-11-21.
INDEX EVIDENCE - Cont’d Lost or destroyed records - Cont’d Bond, bill, note, draft, check, other evidence of indebtedness - Cont’d Petition to establish duplicate - Cont’d Citation or notice to debtor or maker to appear, §24-11-21. Hearing, defense filed, §24-11-21. Judge’s decision, §24-11-21. Nonresidents, service, effect, §24-11-22. Title 11, UCC, inapplicability, §24-11-21. Proceeding on duplicate after establishment with certified endorsement. Complaint, §24-11-27. Duplicate taken as original, §24-11-27. Entry of judgment, §24-11-27. Institution, §24-11-27. Contents of writings, recordings or photographs. Other evidence to prove original, §24-10-1004. Pleading, bill of indictment, special presentment, accusation, other office paper. Duplicate established instanter upon motion, §24-11-20. Office paper defined, §24-11-20. Public records, §§24-11-1 to 24-11-3. Definitions, §24-11-1. Duplicates established by custodian, §24-11-2. Auditor for petition, §24-11-3. Determination of duplicates same as originals, §24-11-3. Effect in evidence as original, §24-11-2. Petition to establish, §24-11-2. Requirements of duplicates, §24-11-3. Superior court, establishment of duplicates in. Clerk to furnish duplicate with certified endorsement, §24-11-26. Continuance of proceeding, §24-11-24. Party respondents, §24-11-28. Persons whose interest affected by establishing duplicate. Party respondents, rights of defense, §24-11-28.
EVIDENCE - Cont’d Lost or destroyed records - Cont’d Superior court, establishment of duplicates in - Cont’d Petition to establish, §24-11-23. Rule absolute granted establishing duplicate, §24-11-25. Rule nisi as to why duplicate should not be establish. Issuance by clerk, service on respondent, §24-11-23. Title 11 of UCC. Inapplicability of article to, §24-11-29. Malpractice actions. Expert witness’ opinion. Admissibility, requirements, §24-7-702. Market reports and commercial publications. Hearsay rule exclusion, §24-8-803. Market value. Direct testimony opinion evidence, §24-7-701. Marriage. Statements concerning. Hearsay exclusion, §24-8-804. Marriage and family therapist and patient. Communications between, privilege, §24-5-501. Marriage, baptismal, similar certificate. Hearsay rule exclusion, §24-8-803. Mediation. Conduct or statements made inadmissible, §24-4-408. Medical diagnosis or treatment. Statements made for purposes of. Exclusion from hearsay rule, §24-8-803. Medical, hospital, similar expenses. Bills for expenses. Competent witness to identify, §24-9-921. Furnishing, offering, promising to pay. Inadmissible to prove liability, §24-4-409. Medical information. Confidential or privileged information. AIDS confidential information, §§24-12-20, 24-12-21. Disclosure of medical matters, §§24-12-10 to 24-12-14. Confidential or privileged character not destroyed by disclosure, §24-12-11.
INDEX EVIDENCE - Cont’d Medical information - Cont’d Confidential or privileged information - Cont’d Disclosure of medical matters - Cont’d Confidential or privileged defined, §24-12-10. Definitions, §24-12-10. Disclosed matter utilized for purposes of disclosure only, §24-12-12. Immunity for transmission, receipt or use of disclosed matter, §24-12-13. Medical and public education presentations, §24-12-14. Medical matters defined, §24-12-10. Pharmacists. Information concerning patients. Release not required, authorized release, waiver of privilege, §24-12-1. Physicians, hospitals, health care facilities. Information concerning patients. Release not required, exceptions, authorized release, waiver of privilege, §24-12-1. Research date. Confidential raw research data, §24-12-2. Medical report in narrative form. Admissible in civil trial involving injury or disease, §24-8-826. Cross-examination of person signing, §24-8-826. Dependency adjudications, notice of intention to introduce, §24-8-826. Not to go out with jury as documentary evidence, §24-8-826. Objections by adverse party, §24-8-826. Opinion of person signing report. Allowed for certain purposes, §24-8-826. Presented to jury as deposition, §24-8-826. Report and notice on intention to introduce. Given to adverse party, requirement, §24-8-826.
EVIDENCE - Cont’d Medical report in narrative form - Cont’d Admissible in civil trial involving injury or disease - Cont’d Statement of qualifications of person signing report. Allowed to be included, §24-8-826. Supplementing report. Testimony of person signing for purposes of, §24-8-826. Termination of parental rights hearings, notice of intention to introduce, §24-8-826. Mental, emotional or physical condition of declarant. Declarant’s statement as to existing condition. Hearsay rule exclusion, §24-8-803. Mental health services provider and patient. Communications between, privilege, §24-5-501. Mental state. Presumption of. Rebuttable, §24-14-21. Misleading jury. Exclusion of relevant evidence, §24-4-403. Missing, missing in action, interned in neutral country, captured. Written report or record by United States officer or employee, §24-14-47. Mistake in deed or contract required to be in writing. Parol evidence to prove, §24-3-7. Mortality tables. American Experience Mortality Tables. Life expectancy an issue, admissibility, §24-14-44. Commissioners 1958 Standard Ordinary Mortality Table or Annuity Mortality Table for 1949, Ultimate. Supplemental nature of evidence using tables, §24-14-45. Value of life or value of future earning. Computing in wrongful death or permanent injury proceedings, §24-14-45. Negligence. Remedial measures taken after injury or harm. Inadmissible to prove, §24-4-407.
INDEX EVIDENCE - Cont’d Negotiable instruments. Blank endorsements. Explaining, §24-3-10. News media. Qualified privilege. Disclosure of information in gathering or disseminating news, §24-5-508. Nolo contendere. Inadmissible against defendant making plea, exceptions, §24-4-410. Nonjury trials and other fact-finding proceedings. Applicability of rules of evidence, exceptions, §24-1-2. Notice to produce evidence. In lieu of subpoena, §24-13-27. Nurse specialist in psychiatric/mental health and patient. Communications between, privilege, §24-5-501. Objection or motion to strike. Ruling admitting evidence. Preserving error, when required, §24-1-103. Object of legal investigations. Discovery of truth, §24-1-1. Offer of proof. Ruling excluding evidence. Preserving error, when required, §24-1-103. Officer de facto, §24-14-41. Opinion, §§24-7-701 to 24-7-706. Character or trait of character. Proof made by testimony in form of opinion, §24-4-405. Credibility of witness. Attacking or supporting, limitations, §24-6-608. Expert witnesses. Affidavit as to qualifications, §24-7-702. Bases of testimony, §24-7-703. Conditions for testifying in form of opinion, §24-7-702. Court appointed experts. Procedure for appointing, compensation, presentation of testimony, §24-7-706. Courts of state not open to evidence not admissible in other states, §24-7-702.
EVIDENCE - Cont’d Opinion - Cont’d Expert witnesses - Cont’d Criminal proceedings. Mental state or condition of accused constituting element of crime charged or defense. Opinion or inference prohibited, §24-7-704. Facts or data upon which opinion or inference based, §24-7-703. Medical experts, §24-7-702. Otherwise inadmissible facts and data. Opinion or inference based on, §24-7-703. Pretrial hearing as to qualifications, §24-7-702. Professional malpractice actions. Admissibility of opinion, requirements, §24-7-702. Testimony given on facts proved by other witness, §24-7-702. Ultimate issue to be decided by trier of fact. Testimony not objectionable, §24-7-704. Underlying facts or data. Giving opinion without first testifying to, §24-7-705. Workers’ compensation and administrative proceedings. Provisions not strictly applied, §24-7-702. Handwriting. Nonexpert opinion as to genuineness, §24-9-901. Helpful to clear understanding or determined fact in issue. Testimony limited to, §24-7-701. Law witness testimony, limitations, §24-7-701. Limitations. Witness not testifying as expert, §24-7-701. Market value, direct testimony, §24-7-701. Not based on scientific, technical, other specialized knowledge. Testimony limited to, §24-7-701. Perception of witness. Testimony limited to, §24-7-701. Voice. Identification by opinion upon hearing, §24-9-901.
INDEX EVIDENCE - Cont’d Ordinance or resolution. Certified copy. Judicial notice, §24-2-221. Original papers and documents withdrawn. Substitution of duplicates, §24-13-7. Other crimes, wrongs or acts. Admissibility, exceptions, §24-4-404. Conviction of crime. Use to attack character of truthfulness of witness, §24-6-609. Driving under the influence violation, §24-4-417. Judgment of previous conviction. Hearsay exclusion, §24-8-803. Pretrial notice to defense, §24-4-404. Sexual assault, child molestation, §24-4-413. Civil or administrative proceedings, §24-4-415. Parole revocation proceedings. Inapplicability of rules, §24-1-2. Parol evidence, §§24-3-1 to 24-3-10. All stipulations of contract contained in written instrument. Admissible to prove other portions, §24-3-2. Ambiguities. Admissible to explain, §24-3-3. Blank endorsements of negotiable paper. Explaining, §24-3-10. Change of place of performance. Admissibility, §24-3-6. Collateral undertakings between parties. Admissibility, §24-3-2. Contemporaneous writing admissible to explain each other, §24-3-3. Contradict or vary terms of valid written instrument. Generally inadmissible, §24-3-1. Discharge entire contract. Admissibility, §24-3-6. Enlarge time of performance. Admissibility, §24-3-6. Inadmissible to contradict or vary terms of valid written instrument, §24-3-1. Known and established usage. 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 for money. Denied or explained by, §24-3-9. Surrounding circumstances. Admissibility to aid in construction of contracts, §24-3-4. Unwritten portions of contract. Admissibility, §24-3-2. Writing originally void or subsequently void. Admissible to show, §24-3-8. Past sexual behavior of complaining witness. Conduct included, §24-4-412. Generally inadmissible, §24-4-412. When admissible, procedure for introducing, §24-4-412. Payment. Receipts for money. Prima facie evidence, §24-3-9. Denied or explained by parol, §24-3-9. Perpetuation of testimony, §§24-13-150 to 24-13-154. All parties not ascertained or reached. Proceeding not denied, §24-13-152. Cost of proceedings, §24-13-154. Possession of property immaterial, §24-13-152. Reason why usual proceeding inadequate. Showing necessary, §24-13-151. Use of testimony taken, §24-13-153. When allowed, §24-13-150. Pleadings. Allegations or admissions made in, §24-8-821. Loss of original. Duplicate established instanter, §24-11-20. Plea discussions. Statements made by participating defendant inadmissible, exceptions, §24-4-410. Plea of guilty later withdrawn. Inadmissible against defendant making plea, exceptions, §24-4-410.
INDEX EVIDENCE - Cont’d Plea of nolo contendere. Inadmissible against defendant making plea, exceptions, §24-4-410. Positive testimony preferred over negative, exception, §24-14-7. Prejudice. Exclusion of relevant evidence, §24-4-403. Preliminary questions. Accused testifying upon preliminary matter. Cross-examination upon other proceedings prohibited, §24-1-104. Determining, hearings, §24-1-104. Hearing conducted out of jury’s hearing, §24-1-104. Preponderance of evidence. Determining where preponderance lies, §24-14-4. Jury considerations, §24-14-4. Number of witnesses. Jury may consider, §24-14-4. Not necessarily with greater number, §24-14-4. Sufficient to produce mental conviction. Civil cases, §24-14-3. Presentation of evidence. Court to control, §24-6-611. Presentence hearings. Applicability, hearsay, character evidence admissible, §§24-1-2, Present sense impression. Exclusion from hearsay rule, §24-8-803. Preservation of error for appeal, §24-1-103. Presumed death. Written findings made by officers of United States, §24-14-47. Presumptions, §§24-14-20 to 24-14-29. Business letters. Failure to answer within reasonable time. Admission of propriety of acts mentioned, §24-14-23. Charge or claim against party well founded, §24-14-22. Checks. Payment. Production of duplicate with original bank statement, §24-14-25.
EVIDENCE - Cont’d Presumptions - Cont’d Continuation of life for seven years. Rebuttable, §24-14-21. Death. Written findings made by officers of United States, §24-14-47. Estoppels. Conclusive presumptions of law, §24-14-26. Equitable estoppel, §24-14-28. Not generally favored, §24-14-26. Presumptions enumerated, §24-14-26. Title adverse to trustees and other representatives trust. Setting up, §24-14-28. Title to real estate. Both parties with equal knowledge or equal means of obtaining truth. No estoppel, §24-14-27. Failure to produce evidence, §24-14-22. Guilt. Rebuttable, §24-14-21. Innocence. Rebuttable, §24-14-21. Mental state once proved to exist. Rebuttable, §24-14-21. Presumption of fact. Decided by ordinary test of human experience, §24-14-20. Defined, §24-14-20. Exclusively questions for jury, §24-14-20. Presumption of law. Defined, §24-14-20. Railroad right of way. Establishing right, title, interest in based on occupancy. Occupancy presumed with permission of railroad, §24-14-24. Rebuttable presumptions, §24-14-21. Charge or claim against party well founded, §24-14-22. Railroad right of way. Establishing right, title, interest in based on occupancy. Occupancy presumed with permission of railroad, §24-14-24. Prior consistent statements by witness, §24-6-613. Prior crimes, wrongs or acts. Admissibility, exceptions, §24-4-404.
INDEX EVIDENCE - Cont’d Prior crimes, wrongs or acts - Cont’d Conviction of crime. Use to attack character of truthfulness of witness, §24-6-609. Driving under the influence violation, §24-4-417. Judgment of previous conviction. Hearsay exclusion, §24-8-803. Pretrial notice to defense, §24-4-404. Sexual assault, child molestation, §24-4-413. Civil or administrative proceedings, §24-4-415. Prior inconsistent statements by witness. Extrinsic evidence of, §24-6-613. Prior statements by witness. Examination concerning, §24-6-613. When not hearsay, §24-8-801. Testimony in same or different proceeding, §24-8-804. Prisoners. Needed as witness or to stand trial. Delivery of prisoner to sheriff of county where prisoner desired. Cost and expenses of transporting and keeping, §24-13-60. Ex parte order directed to commissioner of corrections, §24-13-60. Habeas corpus ad testificandum. Issuance to cause production, §24-13-62. Prisoner under death penalty requested as witness, §24-13-60. Judge’s order requiring production. Issuance to officer having custody of prisoner, §24-13-61. Prisoner under death sentence. Interview of witness by requesting party, §24-13-60. Motion for writ of habeas corpus ad testificandum by requesting party, §24-13-60. Securing attendance of witness from without state, §§24-13-93, Privilege, §§24-5-501 to 24-5-510. Accountant and client. Communications between, §24-5-501.
EVIDENCE - Cont’d Privilege - Cont’d Attorney and client. Communications between, §24-5-501. Writing used to refresh witness’ recollection, §24-6-612. Clergy. Communications by person professing religious faith seeking spiritual comfort or counseling to member of clergy, §24-5-502. Existence. Preliminary question. Determining, §24-1-104. Forfeiture of party’s or witness’ estate. Matters which tend to work forfeiture, exception, §24-5-505. Grand jurors. Communications among, §24-5-501. Home address of law enforcement officers, exception, §24-5-504. Husband and wife, §24-5-501. Criminal proceedings. Competent by 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 only to specific act, §24-5-503. Immunity from prosecution. Court order requiring testimony or production of evidence, §24-5-507. Refusal to testify, contempt, §24-5-507. Law enforcement officer’s home address, exception, §24-5-504. Marriage and family therapist and patient. Communications between, §24-5-501. Medical information, §24-12-1. Confidential or privileged information. AIDS confidential information, §§24-12-20, 24-12-21. Confidential raw research data, §24-12-2. Disclosure of confidential or privileged medical matter, §§24-12-10 to 24-12-14.
INDEX EVIDENCE - Cont’d Privilege - Cont’d Mental health services provider and patient. Communications between, §24-5-501. News media. Qualified privilege. Disclosure of information in gathering or disseminating news, §24-5-508. Nurse specialist in psychiatric/mental health and patient. Communications between, §24-5-501. Professional counselor and patient. Communications between, §24-5-501. Psychiatrist and patient. Communications between, §24-5-501. Psychologist and patient. Communications between, §24-5-501. Psychotherapy. Communications between provider rendering and patient, §24-5-501. Defined, §24-5-501. Public policy. Admissions and communications excluded on grounds of, §24-5-501. Secrets of state, §24-5-501. Self-incrimination. Accused, §24-5-506. No presumption, no comment on failure to testify, §24-5-506. Immunity from prosecution. Court order requiring testimony or production of evidence, §24-5-507. Refusal to testify, contempt, §24-5-507. Party or witness, §24-5-505. Social workers and patient. Communications between, §24-5-501. State matters of which state policy or community interest require concealment, §24-5-505. Victims of family violence or sexual assault. Communications with agents providing services to victim, §24-5-509.
EVIDENCE - Cont’d Production of evidence. Subpoenas. Generally, §§24-13-20 to 24-13-29. Notice to produce in lieu of, §24-13-27. Product liability. Remedial measures taken after injury or harm. Admissible to prove, §24-4-407. Professional counselor and patient. Communications between, privilege, §24-5-501. Professional malpractice actions. Expert witness’ opinion. Admissibility, requirements, §24-7-702. Psychiatrist and patient. Communications between, privilege, §24-5-501. Psychologist and patient. Communications between, privilege, §24-5-501. Psychotherapy. Defined, §24-5-501. Provider rendering and patient. Communications between, privilege, §24-5-501. Public records and reports. Duplicate. Lost, mutilated, stolen or destroyed public records, §§24-11-1 to Public record proved by, §24-10-1005. Exclusion from hearsay rule, §24-8-803. Absence of record or entry, §24-8-803. Vital statistics, §24-8-803. Lost, mutilated, stolen or destroyed public records. Duplicates, §§24-11-1 to 24-11-3. Auditor for petition, §24-11-3. Court to determine if duplicate same as original, §24-11-3. Custodian may establish, §24-11-2. Definitions, §24-11-1. Effect in evidence as originals, §24-11-2. Petition to establish, §24-11-2. Purposes. Truth ascertained and proceeding justly determined, §24-1-1.
INDEX EVIDENCE - Cont’d Rape. Commission of another offense of sexual assault, §24-4-412. Civil or administrative proceedings, §24-4-415. Rape shield law. Past sexual behavior of complaining witness. Conduct included, §24-4-412. Generally inadmissible, §24-4-412. When admissible, procedure for introducing, §24-4-412. Real property. Estoppel relating to title. Both parties with equal knowledge or equal means of obtaining truth. No estoppel, §24-14-27. Reasonable doubt. Burden of proof in criminal cases, §24-14-5. Rebuttable presumptions, §24-14-21. Charge or claim against party well founded, §24-14-22. Railroad right of way. Establishing right, title, interest in based on occupancy. Occupancy presumed with permission of railroad, §24-14-24. Receipts for money. Prima facie evidence of payment, §24-3-9. Denied or explained by parol, §24-3-9. Recollection recorded. Exclusion from hearsay rule, §24-8-803. Records. Affecting interest in property. Hearsay rule exclusion, §24-8-803. Statements in, §24-8-803. Regularly conducted activity. Exclusion from hearsay rule, §24-8-803. Extrinsic evidence of authenticity. Not required, §24-9-902. Refreshing recollection. Witness using writing while testifying or prior to testifying. Admissibility of writing, §24-6-612. Relationship by blood, adoption, marriage. Statements concerning. Hearsay exclusion, §24-8-804.
EVIDENCE - Cont’d Relevant evidence, §§24-4-401 to Admissible, exception, §24-4-402. Character or trait of character, §§24-4-404, 24-4-405. Commission of another driving under the influence violation by accused, §24-4-417. Commission of another offense of child molestation, §24-4-414. Civil or administrative proceedings, §24-4-415. Commission of another offense of sexual assault, §24-4-413. Civil or administrative proceedings, §24-4-415. Confusion of issues. Exclusion, §24-4-403. Criminal gang activity. Admissibility of evidence of criminal gang activity on any relevant matter, §24-4-418. Criminal history record information. Employment actions, §24-4-419. Cumulative evidence. Needless presentation. Exclusion, §24-4-403. Danger of unfair justice. Exclusion, §24-4-403. Defined, §24-4-401. Exclusion, §24-4-403. Guilty plea later withdrawn, plea of nolo contendere, plea discussions. Inadmissible against defendant making plea or participating in discussions, exceptions, §24-4-410. Habit or routine practice, §24-4-406. 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. Medical, hospital, similar expenses. Furnishing, offering, promising to pay, §24-4-409. Misleading jury. Exclusion, §24-4-403. Past sexual behavior of complaining witness, §24-4-412.
INDEX EVIDENCE - Cont’d Relevant evidence - Cont’d Prejudice. Exclusion, §24-4-403. Remedial measures. Taken after injury or harm, §24-4-407. Undue delay. Exclusion, §24-4-403. Waste of time. Exclusion, §24-4-403. Religious beliefs or opinions. Not admissible to prove credibility impaired or enhanced, §24-6-610. Religious organizations. Records. Hearsay rule exclusion, §24-8-803. Remedial measures. Taken after injury or harm, §24-4-407. Renewal of object or offer of proof. Not required after definitive ruling, §24-1-103. Repairs. Subsequent remedial measures, §24-4-407. Reputation. Character or trait of character. Proof made by testimony as to reputation, §24-4-405. Credibility of witness. Attacking or supporting, limitations, §24-6-608. Hearsay rule exclusion. Boundaries or general history, §24-8-803. Personal or family history, §24-8-803. Past sexual behavior of complaining witness, §24-4-412. Research data. Confidential raw research data, §24-12-2. Restriction of evidence to proper scope. Admissible as to one party for one purpose only, §24-1-105. Rule of completeness. Written or recorded statement introduced in whole or part. Introduction of any other part or other written or recorded statement. Contemporaneous consideration of other writings, §24-1-106. Ruling admitting or excluding evidence. Error predicated upon, §24-1-103.
EVIDENCE - Cont’d Search warrants. Proceedings for issuance. Inapplicability of rules, §24-1-2. Secondary evidence. Admissible, evidence unsuccessfully sought, §24-13-26. Secrets of state. Privilege, §24-5-501. Self-incrimination. Privilege against. Accused, §24-5-506. No presumption, no comment on failure to testify, §24-5-506. Immunity from prosecution. Court order requiring testimony or production of evidence, §24-5-507. Refusal to testify, contempt, §24-5-507. Party or witness, §24-5-505. Settlement. Conduct or statements made in compromise negotiations or mediation. Inadmissible, §24-4-408. Sexual assault. Commission of another offense. Sexual assault defined, admissibility, procedure, §24-4-413. Civil or administrative proceedings, §24-4-415. Past sexual behavior of complaining witness. When admissible, procedure, §24-4-412. Single witness’ testimony. Existence of fact testified to by one positive witness, §24-14-7. Sufficient to establish fact, exceptions, §24-14-8. Social worker and patient. Communications between, privilege, §24-5-501. Specimens. Comparison with authenticated specimens, §24-9-901. Statement against interest. Hearsay exclusion, §24-8-804. State secrets. Privilege, §24-5-501. Subpoenas, §§24-13-20 to 24-13-29. Applicability of article, §24-13-20. Attorney of record. Authority to issue and sign, §24-13-21.
INDEX EVIDENCE - Cont’d Subpoenas - Cont’d Attorney of record - Cont’d Service upon, §24-13-24. Blank subpoenas. Availability on demand, §24-13-21. Business will suffer injury by production of books. Commission appointed to examine books, statement of accounts and entries. Adverse party dissatisfied with transcript, §24-13-6. Oath required, §24-13-5. Transcript of accounts and dealings with opposite party. Required, §24-13-5. Civil proceedings. Applicability of article, §24-13-20. Completed prior to service, §24-13-21. Conditional denial. Advancement of cost of producing evidence, §24-13-23. Contempt. Attachment for, enforcement, §24-13-26. Misuse, §24-13-21. Content requirements, §24-13-21. Continuance of proceedings, §24-13-26. Cost of producing evidence. Conditional denial upon advancement, §24-13-23. Criminal proceedings. Applicability of article, §24-13-20. Defined, §24-13-21. Enforcement, §§24-13-21, 24-13-26. Notice to produce in lieu of subpoena, §24-13-27. Fine. Enforcement, §24-13-26. Misuse, §24-13-21. General assembly members. Compelling to attend court and give testimony during general assembly session. Prohibition, §24-13-29. Grand jury proceedings. Issuance by district attorney, §24-13-21. Imprisonment. Enforcement, §24-13-26. Misuse, §24-13-21. Law enforcement officer subject of subpoena. Witness fees, §24-13-28.
EVIDENCE - Cont’d Subpoenas - Cont’d Misuse. Contempt, fine, imprisonment, §24-13-21. Notice to produce in lieu of subpoena. Enforcement, §24-13-27. Requirements, §24-13-27. Service, §24-13-27. Personal service, §24-13-24. Production of evidence, §24-13-23. Service of notice to produce in lieu of subpoena, §24-13-27. Subpoena defined as including, §24-13-21. Proof of service. Return or certificate, §24-13-24. Quash or modify. Unreasonable or oppressive, §24-13-23. Reasonable time. Service within, §24-13-26. Registered or certified mail. Service by, §24-13-24. Secondary evidence. Admissible, evidence unsuccessfully sought, §24-13-26. Service, §24-13-24. Notice to produce in lieu of subpoena, §24-13-27. Reasonable time, §24-13-26. Witness subpoena, §24-13-22. Unreasonable or oppressive. Quash or modify, §24-13-23. Witness subpoena. Issued under authority of clerk, service, §24-13-22. Subpoena defined as including, §24-13-21. Witness fees and mileage, amount, tender, §24-13-25. Law enforcement officer subject of subpoena, §24-13-28. Subsequent remedial measures, §24-4-407. Telephone conversations. Authentication, §24-9-901. Termination of parental rights. Child witnesses. Competency to testify, credibility, determination, §24-6-603. Medical report in narrative form. Notice of intention to introduce, §24-8-826.
INDEX EVIDENCE - Cont’d Truthfulness or untruthfulness. Conviction of crime used to attack character of truthfulness, §24-6-609. Reputation or opinion evidence to support or attack credibility, §24-6-607. Uncorroborated testimony. Existence of fact testified to by one positive witness, §24-14-7. Testimony of single witness sufficient to establish fact, exceptions, §24-14-8. Undue delay. Exclusion of relevant evidence, §24-4-403. United States department of agriculture. Inspection certificates issued, §24-14-46. Value of life. Computing in wrongful death cases, §24-14-45. Veterinarian’s information on animal care. Confidentiality, §24-12-31. Release, authorization, §24-12-31. Waiver, §24-12-31. Victim of criminal offense. Right to be present in court exercising jurisdiction, §24-6-616. Vital statistics. Hearsay rule exclusion, §24-8-803. Voice. Identification by opinion upon hearing, §24-9-901. Void writing. Parol evidence admissible to show, §24-3-8. Waste of time. Exclusion of relevant evidence, §24-4-403. Withdrawal of original papers and documents. Substitution of duplicates, §24-13-7. Witnesses. Accused wishing to testify, §24-5-506. Arrest. Privilege from. Uniform act to secure attendance of witnesses from without state, §24-13-96. While attending court, going to or from court, §24-13-1.
EVIDENCE - Cont’d Witnesses - Cont’d Attendance. Prisoners, §§24-13-60 to 24-13-62. Subpoenas, §§24-13-20 to 24-13-29. Uniform act to secure the attendance of witnesses from without state, §§24-13-90 to Authenticating witness. When deemed not unavailable, §24-9-923. Character of witness, §24-4-404. Truthfulness or untruthfulness. Conviction of crime used to attack character of truthfulness, §24-6-609. Reputation or opinion evidence to support or attack credibility, §24-6-607. Child witness. Child victim of or witness to crime. Competency to testify, credibility, determination, §24-6-603. Dependency proceedings. Competency to testify, credibility, determination, §24-6-603. Depositions. Criminal proceedings, §24-13-131. Termination of parental rights. Competency to testify, credibility, determination, §24-6-603. Competency to be witness. Bills for medical expenses. Competent witnesses to identify, §24-9-921. Child victim of or witness to crime, §24-6-603. Dependency proceedings. Child witnesses, §24-6-603. Generally, §24-6-601. Husband and wife in criminal proceedings, §24-5-503. Judges presiding at trial. Not to testify, no objection to preserve issues, §24-6-605. Jurors. Testifying at trial in which juror sitting. Prohibition, opportunity to object, §24-6-606. Validity of indictment or verdict. Inquiry into, prohibited testimony, exception, §24-6-606.
INDEX EVIDENCE - Cont’d Witnesses - Cont’d Competency to be witness - Cont’d Personal knowledge. Evidence sufficient to support finding. Required to testify, §24-6-602. Termination of parental rights. Child witnesses, §24-6-603. Contents of writings, recordings or photographs. Proving by testimony or deposition, §24-10-1007. Conviction of crime. Used to attack character of truthfulness, §24-6-609. Court calling witnesses, §24-6-614. Objections to, §24-6-614. Credibility. Any party may attack, §24-6-607. Conviction of crime used to attack character of truthfulness, §24-6-609. Determined by trier of fact, §24-6-620. Hearsay statement admitted. Declarant’s credibility, §24-8-806. Instructions, cases tried by jury, §24-6-620. Opinion or reputation evidence. Attacking or supporting credibility, limitations, §24-6-608. Party calling witness may attack credibility, §24-6-607. Prior consistent statements. Rebutting attack on, §24-6-613. Religious beliefs or opinions. Not admissible to prove impaired or enhanced credibility, §24-6-610. Cross-examination. Accused testifying upon preliminary matter. Other issues prohibited, §24-1-104. Bills for medical expenses. Witness identifying, §24-9-921. Court called witness, §24-6-614. Evidence of character or trait of character. Inquiry as to specific instances of conduct, §24-4-405. Generally, §24-6-611. Hearsay statement admitted. Declarant of statement, §24-8-806.
EVIDENCE - Cont’d Witnesses - Cont’d Cross-examination - Cont’d Leading questions, §24-6-611. Medical report in narrative form. Person signing, §24-8-826. Refreshing recollection. Use of writing while testifying or prior to testifying, §24-6-612. Right, §24-6-611. Several parties with distinct interests, §24-6-611. Deaf and hearing impaired persons. Interpreters, §§24-6-650 to 24-6-658. Depositions. Criminal proceedings. Preservation of testimony, §§24-13-130 to 24-13-139. Interstate depositions and discovery act, §§24-13-110 to 24-13-116. Examination. Control of court over, §24-6-611. Conviction of crime. Used to attack character of truthfulness, §24-6-609. Court interrogating witnesses, §24-6-614. Objections to, §24-6-614. Credibility. Determined by trier of fact, §24-6-620. Instructions as to credibility. Required in cases tried by jury, §24-6-620. Opinion or reputation evidence. Attacking or supporting credibility, limitations, §24-6-608. Cross-examination. Accused testifying upon preliminary matter. Other issues prohibited, §24-1-104. Bills for medical expenses. Witness identifying, §24-9-921. Court called witness, §24-6-614. Evidence of character or trait of character. Inquiry as to specific instances of conduct, §24-4-405. Generally, §24-6-611. Hearsay statement admitted. Declarant of statement, §24-8-806. Leading questions, §24-6-611.
INDEX EVIDENCE - Cont’d Witnesses - Cont’d Examination - Cont’d Cross-examination - Cont’d Medical report in narrative form. Person signing, §24-8-826. Refreshing recollection. Use of writing while testifying or prior to testifying, §24-6-612. Right, §24-6-611. Several parties with distinct interests, §24-6-611. Feelings towards and relationship to parties. Permitted to be proved for consideration of jury, §24-6-622. Harsh or insulting demeanor. Protection from, right, §24-6-623. Hearsay statement admitted. Declarant of statement, §24-8-806. Hostile witnesses. Leading questions, §24-6-611. Impeachment. Any party may attack credibility, §24-6-607. Conviction of crime used to attack character of truthfulness, §24-6-609. Credibility determined by trier of fact, §24-6-620. Instructions as to credibility. Required in cases tried by jury, §24-6-620. Opinion or reputation evidence. Attacking or supporting credibility, limitations, §24-6-608. Party calling witness may attack credibility, §24-6-607. Prior consistent statements. Rebutting attack on credibility, §24-6-613. Remedial measures taken after injury or harm offered for impeachment purposes, §24-4-407. Improper question, protection for, right, §24-6-623. Leading questions, §24-6-611. Prior statements, §24-6-613. Prior consistent statements. Rebutting charge of recent fabrication, improper influence or motive, §24-6-613.
EVIDENCE - Cont’d Witnesses - Cont’d Examination - Cont’d Prior statements - Cont’d Prior consistent statements - Cont’d Rehabilitating witness, admissibility, §24-6-613. Prior inconsistent statements. Extrinsic evidence of, admissibility, §24-6-613. Refreshing recollection. Use of writing while testifying or prior to testifying, §24-6-612. Relevant matters. Examined only as to, right, §24-6-623. Treatment generally, §24-6-623. Exclusion. Request by party, authority of court to order, exceptions, §24-6-615. Expert witnesses, §§24-7-701 to Affidavit as to qualifications, §24-7-702. Bases of testimony, §24-7-703. Conditions for testifying in form of opinion, §24-7-702. Court appointed experts. Procedure for appointing, compensation, presentation of testimony, §24-7-706. Courts of state not open to evidence not admissible in other states, §24-7-702. Criminal proceedings. Mental state or condition of accused constituting element of crime charged or defense. Opinion or inference prohibited, §24-7-704. Facts or data upon which opinion or inference based, §24-7-703. Medical experts, §24-7-702. Otherwise inadmissible facts and data. Opinion or inference based on, §24-7-703. Pretrial hearing as to qualifications, §24-7-702. Professional malpractice actions. Admissibility of opinion, requirements, §24-7-702. Testimony given on facts proved by other witness, §24-7-702.
INDEX EVIDENCE - Cont’d Witnesses - Cont’d Expert witnesses - Cont’d Ultimate issue to be decided by trier of fact. Testimony not objectionable, §24-7-704. Underlying facts or data. Giving opinion without first testifying to, §24-7-705. Workers’ compensation and administrative proceedings. Provisions not strictly applied, §24-7-702. Failure of accused to testify. No presumption, no comment, §24-5-506. False imprisonment. Privilege from arrest on civil process. Liability of officer holding witness, §24-13-1. Feelings towards and relationship to parties. Permitted to be proved for consideration of jury, §24-6-622. Fees. Absent from proceeding. No fees, §24-13-3. Apportionment among parties, §24-13-3. Both parties in same proceeding. Receipt prohibited, §24-13-3. Continuance. Due to witness’ absence. No fees, §24-13-3. Receipt prohibited, §24-13-2. Date on which witness attended. Indicated on claim for fees, §24-13-2. Double fees prohibited, §24-13-3. Excessive claim, §24-13-4. Forfeiture. Causing continuance, absence from trial, §24-13-3. Unjustly claimed fees, §24-13-4. Law enforcement officers required to attend as witness, §24-13-28. Procedure for claiming, §24-13-2. Securing attendance of witnesses from without state. Mileage and travel expenses of witness, §24-13-92. Witness summoned to testify in Georgia court, §24-13-94.
EVIDENCE - Cont’d Witnesses - Cont’d Fees - Cont’d Subpoenas. Witness fees and mileage, amount, tender, §24-13-25. Law enforcement officers required to attend as witness, §24-13-28. Unjustly claimed, §24-13-4. General assembly members. Compelling to attend court and give testimony during general assembly session. Prohibition, §24-13-29. Habeas corpus ad testificandum. Prisoners needed as witness or to stand trial. Issuance to cause production, §24-13-62. Prisoner under death penalty requested as witness, §24-13-60. Hearsay statement admitted. Declarant of statement, §24-8-806. Hostile witnesses. Leading questions, §24-6-611. Immunity from prosecution. Court order requiring testimony, §24-5-507. Impeachment. Any party may attack credibility, §24-6-607. Contradiction, §24-6-621. Conviction of crime used to attack character of truthfulness, §24-6-609. Disproving facts testified to by witness, §24-6-621. Hearsay statement admitted. Declarant’s credibility, §24-8-806. Instructions as to credibility. Required in cases tried by jury, §24-6-620. Opinion or reputation evidence. Attacking or supporting credibility, limitations, §24-6-608. Party calling witness may attack credibility, §24-6-607. Prior consistent statements. Rebutting attack on credibility, §24-6-613. Remedial measures taken after injury or harm offered for impeachment purposes, §24-4-407.
INDEX EVIDENCE - Cont’d Witnesses - Cont’d Interpreters. Deaf and hearing impaired persons, §§24-6-650 to 24-6-658. Journalists. Qualified privilege. Disclosure of information obtained in gathering or disseminating news, §24-5-508. Judges presiding at trial. Not to testify, no objection to preserve issues, §24-6-605. Jurors. Inquiry into validity of indictment or verdict. Prohibited testimony, exception, §24-6-606. Testimony at trial in which juror sitting. Prohibited, opportunity to object, §24-6-606. Leading questions, §24-6-611. Medical report in narrative form. Cross-examination of person signing, §24-8-826. News media. Qualified privilege. Disclosure of information obtained in gathering or disseminating news, §24-5-508. Nonresidents. Securing attendance of witnesses from without state, §§24-13-90 to 24-13-97. Oath or affirmation, §24-6-603. Perpetuation of testimony, §§24-13-150 to 24-13-154. All parties not ascertained or reached. Proceeding not denied, §24-13-152. Cost of proceedings, §24-13-154. Possession of property immaterial, §24-13-152. Reason why usual proceeding inadequate. Showing necessary, §24-13-151. Use of testimony taken, §24-13-153. When allowed, §24-13-150. Personal knowledge. Evidence sufficient to support finding. Required to testify, §24-6-602.
EVIDENCE - Cont’d Witnesses - Cont’d Prior statements, §24-6-613. Prior consistent statements. Rebutting charge of recent fabrication, improper influence or motive, §24-6-613. Rehabilitating witness, admissibility, §24-6-613. Prior inconsistent statements. Extrinsic evidence of, admissibility, §24-6-613. Prisoners. Needed as witness or to stand trial. Delivery of prisoner to sheriff of county where prisoner desired. Cost and expenses of transporting and keeping, §24-13-60. Ex parte order directed to commissioner of corrections, §24-13-60. Habeas corpus ad testificandum. Issuance to cause production, §24-13-62. Prisoner under death penalty requested as witness, §24-13-60. Judge’s order requiring production. Issuance to officer having custody of prisoner, §24-13-61. Prisoner under death sentence. Interview of witness by requesting party, §24-13-60. Motion for writ of habeas corpus ad testificandum by requesting party, §24-13-60. Securing attendance of witness from without state, §§24-13-93, 24-13-95. Privileged communications, §§24-5-501 to 24-5-510. Qualifications to be witness. Preliminary question. Determining, §24-1-104. Refreshing recollection. Use of writing while testifying or prior to testifying, §24-6-612. Religious beliefs or opinions. Not admissible to prove credibility impaired or enhanced, §24-6-610.
INDEX EVIDENCE - Cont’d Witnesses - Cont’d Securing attendance of witnesses from without state, §§24-13-90 to Applicable to state enacting reciprocal powers, §24-13-97. Arrest or service of process. Privilege from. Witnesses coming into state or passing through state in obedience to summons, §24-13-96. Certification by judge of court of record in any state, §24-13-92. Prisoner material and necessary witness, §24-13-93. Certification by judge of court of record in Georgia, §24-13-94. Prison material witness and necessary, §24-13-95. Construction of article, §24-13-97. Contempt, fine, imprisonment. Failure to attend and testify, §24-13-92. Witness summoned to testify in Georgia court, §24-13-94. Death sentence, prisoners under. Inapplicability, §24-13-93. Definitions, §24-13-91. Failure of witness to attend and testify, §24-13-92. Witness summoned to testify in Georgia court, §24-13-94. Hearing to determine witness material and necessary, §24-13-92. Prisoner material and necessary witness, §24-13-93. Insane or mentally ill prisoners. Inapplicability, §24-13-93. Mileage and travel expenses of witness, §24-13-92. Witness summoned to testify in Georgia court, §24-13-94. Order directing witness to attend and testify. Prisoner, §§24-13-93, 24-13-95. Ordering custody of witness and delivery to officer of requesting state. In lieu of issuing subpoena or summons, §24-13-92. Prisoners, §§24-13-93, 24-13-95.
EVIDENCE - Cont’d Witnesses - Cont’d Securing attendance of witnesses from without state - Cont’d Requesting state to come to Georgia penal institution to accept custody and transport prisoner. Court ordering, §24-13-93. Return of witness at conclusion of testimony, §24-13-93. Summons directing witness to attend and testify, §24-13-92. In Georgia, §24-13-94. Uniform act to secure attendance of witnesses from without state. Title of act, §24-13-90. Self-incrimination. Privilege against. Accused, §24-5-506. Immunity from prosecution. Court order requiring testimony, §24-5-507. Party or witness, §24-5-505. Service. Privilege from service of process. Uniform act to secure attendance of witnesses from without state, §24-13-96. Subpoenas, §§24-13-20 to 24-13-29. Subscribing witness’ testimony. When necessary to authenticate writing, §24-9-903. Treatment during examination, §24-6-623. Truthfulness or untruthfulness. Conviction of crime used to attack character of truthfulness, §24-6-609. Reputation or opinion evidence to support or attack credibility, §24-6-607. Writing used to refresh witness’ recollection. Admissibility of writing, §24-6-612. Written or recorded statement in whole or part introduced. Introduction by adverse party of any other part or other writing or recorded statement. Contemporaneous consideration of other writings, §24-1-106. Wrongful death actions. Computing value of life, §24-14-45. EXAMINATION OF WITNESSES. Conviction of crime. Used to attack truthfulness, §24-6-609.
INDEX EXAMINATION OF WITNESSES - Cont’d Court interrogating witnesses, §24-6-614. Objections to, §24-6-614. Court to control interrogation, §24-6-611. Credibility. Any party may attack, §24-6-607. Conviction of crime. Used to attack truthfulness, §24-6-609. Determined by trier of fact, §24-6-620. Opinion or reputation evidence. Attacking or supporting credibility, limitations, §24-6-608. Party calling witness may attack, §24-6-607. Religious beliefs or opinions. Not admissible to prove credibility impaired or enhanced, §24-6-610. Cross-examination. Accused testifying upon preliminary matter. Other issues in proceedings, prohibited. Rules of evidence, §24-1-104. Bills for medical expenses. Witness identifying, §24-9-921. Court called witness, §24-6-614. Evidence of character or trait of character. Inquiry as to specific instances of conduct, §24-4-405. Generally, §24-6-611. Leading questions, §24-6-611. Medical report in narrative form. Person signing, §24-8-826. Refreshing recollection. Writing used while or before testifying, §24-6-612. Right, §24-6-611. Several parties with distinct interests, §24-6-611. Expert witnesses generally, §§24-7-701 to 24-7-706. Feelings towards and relationship to parties. Permitted to be proved for consideration of jury, §24-6-622. Harsh or insulting demeanor. Protection from, right, §24-6-623. Hearsay generally, §§24-8-801 to
EXAMINATION OF WITNESSES - Cont’d Hostile witnesses. Leading questions, §24-6-611. Impeachment. Any party may attack credibility, §24-6-607. Contradiction, §24-6-621. Conviction of crime used to attack truthfulness, §24-6-609. Credibility determined by trier of fact, §24-6-620. Disproving facts testified to by witness, §24-6-621. Instructions as to credibility. Required in cases tried by jury, §24-6-620. Opinion or reputation evidence. Attacking or supporting credibility, limitations, §24-6-608. Party calling witness may attack credibility, §24-6-607. Prior consistent statements. Rebutting attack on credibility, §24-6-613. Religious beliefs or opinions. Not admissible to prove credibility impaired or enhanced, §24-6-610. Remedial measures. Offered for impeachment purposes, §24-4-407. Improper questions. Protection from, right, §24-6-623. Leading questions, §24-6-611. Prior statements, §24-6-613. Prior consistent statements. Rebutting charge of recent fabrication, improper influence or motive, §24-6-613. Rehabilitating witness, admissibility, §24-6-613. Prior inconsistent statements. Extrinsic evidence of admissibility, §24-6-613. Refreshing recollection. Writing used while or before testifying, §24-6-612. Relevant matters. Examined only as to, right, §24-6-623. Religious beliefs or opinions. Not admissible to prove credibility impaired or enhanced, §24-6-610. Treatment generally, §24-6-623.
INDEX EXTRADITION. Evidence. Inapplicability of rules of evidence, §24-1-2. Rules of evidence. Inapplicability of rules of evidence, §24-1-2.
EXCITED UTTERANCE. Exclusion from hearsay rule, §24-8-803. EXISTING MENTAL, EMOTIONAL OR PHYSICAL CONDITION. Declarant’s statement. Hearsay rule exclusion, §24-8-803. EXPERT WITNESSES, §§24-7-701 to Affidavit as to qualifications, §24-7-702. Bases of testimony, §24-7-703. Conditions for testifying in form of opinion, §24-7-702. Court appointed experts. Procedure for appointing, compensation, presentation of testimony, §24-7-706. Courts of state not open to evidence not admissible in other states, §24-7-702. Facts or data upon which opinion or inference based, §24-7-703. Medical experts, §24-7-702. Mental state or condition of accused constituting element of crime charged or defense. Opinion or inference prohibited, §24-7-704. Otherwise inadmissible facts and data. Opinion or inference based on, §24-7-703. Pretrial hearing as to qualifications, §24-7-702. Professional malpractice actions. Admissibility of opinion, requirements, §24-7-702. Testimony given on facts proved by other witness, §24-7-702. Ultimate issue to be decided by trier of fact. Testimony not objectionable, §24-7-704. Underlying facts or data. Giving opinion without first testifying to, §24-7-705. Workers’ compensation and administrative proceedings. Provisions not strictly applied, §24-7-702.
F FALSE IMPRISONMENT. Witnesses. Privilege from arrest on civil process. Liability of officer holding witness, §24-13-1. FAMILY HISTORY. Hearsay rule exclusion. Family records, §24-8-803. Judgment concerning, §24-8-803. Records of religious organizations, §24-8-803. Reputation concerning personal or family history, §24-8-803. FAMILY PORTRAITS. Family record hearsay exclusion. Inscriptions, §24-8-803. FAMILY RECORDS. Hearsay rule exclusion, §24-8-803. FAMILY VIOLENCE. Privileged communications with agents providing services to victim, §24-5-509. Victims. Privileged communications with agents providing services to victim, §24-5-509. FINES. Subpoenas. Enforcement, §24-13-26. Misuse, §24-13-21. FIRE DEPARTMENTS. Witnesses. Witness fees. Officer required to attend court as witness, §24-13-28. FIREFIGHTERS. Peer counselors, privileged communications, §24-5-510.
INDEX FIREFIGHTERS - Cont’d Witnesses. Witness fees. Officer required to attend court as witness, §24-13-28.
GENERAL ASSEMBLY. Actions or other proceedings while assembly in session. Compelling member to attend and give testimony. Prohibition, §24-13-29. Attendance at actions or other proceeding while assembly in session. Compelling member to attend and give testimony. Prohibition, §24-13-29. Compelling member to attend and give testimony. While general assembly in session. Prohibition, §24-13-29. Judicial notice. Laws and resolutions, §24-2-220. Subpoenas compelling member to attend and give testimony. While general assembly in session. Prohibition, §24-13-29. Witnesses. Compelling member to attend and give testimony. While general assembly in session. Prohibition, §24-13-29.
FIRES. State fire marshal. Arson investigations. Witness fees. Arson investigators required to attend court, §24-13-28. Witness fees. Arson investigators required to attend court, §24-13-28. FOREIGN DEPOSITIONS. Uniform interstate depositions and discovery act, §§24-13-110 to FORFEITURES. Evidence. In rem forfeiture proceedings. Applicability, hearsay admissible, §24-1-2. Rules of evidence. In rem forfeiture proceedings. Applicability, hearsay admissible, §24-1-2. Witness’ fees. Causing continuance, absence from trial, §24-13-3. Unjustly claimed fees, §24-13-4.
GEORGIA BUREAU OF INVESTIGATION. Witnesses. Witness fees. Officer required to attend court as witness, §24-13-28.
FREEDOM OF INFORMATION. Privileged information. State matters of which state policy or community interest require concealment, §24-5-505. State secrets, §24-5-501. FULL FAITH AND CREDIT. Properly authenticated records. Other states, territories or possessions of United States, §24-9-922. FUTURE EARNINGS. Evidence. Computing, permanent injury proceedings, §24-14-45. G GENEALOGIES. Family record hearsay exclusion, §24-8-803.
GRAND JURY. Communications among grand jurors. Privilege, §24-5-501. Evidence. Communications among grand jurors. Privilege, §24-5-501. Inapplicability of rules of evidence to proceedings, §24-1-2. Privileged communications. Communications among grand jurors, §24-5-501. Rules of evidence. Inapplicability of rules of evidence, §24-1-2. GUARDIANS. AIDS confidential information. Disclosure to parent or legal guardian, §24-12-21. GUILT. Presumption. Rebuttable, §24-14-21.
INDEX GUILTY PLEAS. Evidence. Guilty plea later withdrawn. Inadmissible against defendant making, exceptions, §24-4-410. H HABEAS CORPUS. Prisoners. Needed as witness or to stand trial. Habeas corpus ad testificandum. Issuance to cause production, §24-13-62. Prisoner under death penalty requested as witness, §24-13-60. HABIT OF INDIVIDUAL. Evidence, §24-4-406. HANDWRITING. Evidence. Nonexpert opinion as to genuineness, §24-9-901. HEALTH CARE FACILITIES. AIDS. AIDS confidential information. Disclosure, §§24-12-20, 24-12-21. Confidential or privileged medical information. AIDS confidential information. Disclosure, §§24-12-20, 24-12-21. Confidential raw research data, §24-12-2. Disclosure of medical matters, §§24-12-10 to 24-12-14. Release not required, exceptions, authorized release, waiver of privilege, §24-12-1. Evidence in proceeding for unanticipated outcome. Statements or conduct expressing regret, apology, sympathy etc. Inadmissible, not admission of liability, §24-4-416. Medical information concerning patients. Confidential or privileged. AIDS confidential information. Disclosure, §§24-12-20, 24-12-21. Disclosure of medical matters, §§24-12-10 to 24-12-14. Release not required, exceptions, authorized release, waiver of privilege, §24-12-1.
HEALTH CARE FACILITIES - Cont’d Research. Confidential raw research data, §24-12-2. HEARINGS. Rape victim’s past sexual behavior. In camera hearing, §24-4-412. HEARSAY, §§24-8-801 to 24-8-807. Admission by party-opponent. Admission defined, §24-8-801. Not excluded as hearsay, §24-8-801. Ancient documents. Exclusion. Statements in, §24-8-803. Birth, adoption, marriage, divorce, legitimacy, relationship. Exclusion. Statements concerning, §24-8-804. Boundaries. Exclusion. Judgment concerning, §24-8-803. Reputation concerning, §24-8-803. Business records. Records of regularly conducted activity. Exclusion, §24-8-803. Absence of record, §24-8-803. Character. Exclusion. Reputation concerning, §24-8-803. Child under 16 years describing act of sexual contact or physical abuse. Admissibility of statement by testimony of person to whom statement made, §24-8-820. Criminal commitment or preliminary hearing. Admissible, §24-1-2. Declarant. Available as witness. Exclusions, §24-8-803. Defined, §24-8-801. Unavailable as witness. Exclusions, §24-8-804. Defined, §24-8-801. Dying declaration. Exclusion, §24-8-804. Excited utterance. Exclusion, §24-8-803. Exclusions and conditions, §24-8-801. Declarant available as witness, §24-8-803. Declarant unavailable as witness, §24-8-804.
INDEX HEARSAY - Cont’d Exclusions and conditions - Cont’d Statements not specifically covered by law, §24-8-807. Existing mental, emotional or physical condition. Declarant’s statement, exclusion, §24-8-803. Family history. Exclusion. Family records, §24-8-803. Judgment concerning personal or family history, §24-8-803. Records of religious organizations, §24-8-803. Forfeiture. In rem forfeitures. Admissible, §24-1-2. General history. Exclusion. Judgment concerning personal, family or general history, §24-8-803. Reputation concerning general history, §24-8-803. Generally inadmissible, §24-8-802. Hearsay within hearsay, §24-8-805. Judgment of previous conviction. Exclusion, §24-8-803. Learned treatises. Exclusion, §24-8-803. Market reports and commercial publications. Exclusion, §24-8-803. Marriage, baptismal, similar certificate. Exclusion, §24-8-803. Medical diagnosis or treatment. Statements made for purposes of. Exclusion, §24-8-803. Medical report in narrative form. Admissibility, §24-8-826. Objection required, §24-8-802. Out-of-court statements. When prior statements not hearsay, §24-8-801. Presentence hearings. Admissible, §24-1-2. Present sense impression. Exclusion from hearsay rule, §24-8-803.
HEARSAY - Cont’d Prior statements. When not hearsay, §24-8-801. Testimony in same or different proceeding, §24-8-804. Public office. Defined, §24-8-801. Public official. Defined, §24-8-801. Public records and reports. Exclusion, §24-8-803. Absence of record or entry, §24-8-803. Vital statistics, §24-8-803. Public record defined, §24-8-801. Recorded recollection. Exclusion, §24-8-803. Records of regularly conducted activity. Exclusion, §24-8-803. Absence of record, §24-8-803. Records or documents affecting interest in property. Exclusion, §24-8-803. Statements in, §24-8-803. Religious organizations. Records, exclusion, §24-8-803. Residual exception, §24-8-807. Statement against interest. Exclusion, §24-8-804. Statement against party engaged in wrongdoing that procure unavailability. Exclusion, §24-8-804. Statements not specifically covered by law, §24-8-807. Testimony in same or different proceeding. Exclusion, §24-8-804. Unavailable as witness. Defined, §24-8-804. Vital statistics. Exclusion, §24-8-803. Waiver. Failure to object, §24-8-802. HEARSAY WITHIN HEARSAY, §24-8-805. HIGHWAYS, ROADS AND STREETS. Highway emergency response operators. Peer counselors, privileged communications, §24-5-510.
INDEX HISTORY. Hearsay rule exclusions, §24-8-803. HOME ADDRESS. Evidence. Law enforcement officer’s or nonsworn law enforcement agency employee’s address. Privilege, exception, §24-5-504. HOME HEALTH AGENCIES. Evidence in proceeding for unanticipated outcome. Statements or conduct of regret, apology, sympathy, etc. Inadmissible, not admission of liability, §24-4-416. HOSPITAL EXPENSES. Evidence. Bills. Competent witness to identify, §24-9-921. Furnishing, offering, promising to pay. Inadmissible to prove liability, §24-4-409. HOSPITALS. 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 data, §24-12-2. Disclosure of medical matters, §§24-12-10 to 24-12-14. Release not required, exceptions, authorized release, waiver of privilege, §24-12-1. Evidence. Bills. Competent witness to identify, §24-9-921. Confidential or privileged medical information. AIDS confidential information. Disclosure, §§24-12-20, 24-12-21. Confidential raw research data, §24-12-2. Disclosure of medical matters, §§24-12-10 to 24-12-14.
HOSPITALS - Cont’d Evidence - Cont’d Confidential or privileged medical information - Cont’d Medical information concerning patients, §24-12-1. Expenses. Furnishing, offering, promising to pay. Inadmissible to prove liability, §24-4-409. Statements or conduct of regret, apology, sympathy, etc. Inadmissible, not admission of liability, §24-4-416. Expenses. Evidence. Furnishing, offering, promising to pay. Inadmissible to prove liability, §24-4-409. Medical information concerning patients. Confidential or privileged. AIDS confidential information. Disclosure, §§24-12-20, 24-12-21. Disclosure of medical matters, §§24-12-10 to 24-12-14. Release not required, exceptions, authorized release, waiver of privilege, §24-12-1. Medical malpractice. Evidence. Statements or conduct of regret, apology, sympathy, etc, §24-4-416. Research. Confidential raw research data, §24-12-2. HOSTILE WITNESSES. Examination. Leading questions, §24-6-611. HUMAN TRAFFICKING. Rape shield law, §24-4-412. HUSBAND AND WIFE. Criminal proceedings. Privileged communications. Competent but not compellable to give evidence against each other, §24-5-503.
INDEX I
HUSBAND AND WIFE - Cont’d Criminal proceedings - Cont’d Privileged communications - Cont’d Spouse charged with crime against child under age of 18. Inapplicability of privileges, evidence to specific act, §24-5-503. Evidence. 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 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. Witnesses. 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.
IDENTIFICATION EVIDENCE. Proof of identity, §24-14-40. Other crimes, wrongs or acts, §24-4-404. IDENTITY. Evidence. Proof of identity, §24-14-40. Other crimes, wrongs or acts, §24-4-404. IMMUNITY. Confidential or privileged medical matters. Disclosure, §24-12-13. Criminal prosecution. Court order requiring testimony or production of evidence, §24-5-507. Disclosure of confidential or privileged medical matters, §24-12-13. Medical information and medical matters. Disclosure of confidential or privileged medical matters, §24-12-13. Self-incrimination. Court order requiring testimony or production of evidence. Immunity from prosecution, §24-5-507. Witnesses. Criminal prosecution. Court order requiring testimony or production of evidence, §24-5-507.
HUSBAND AND WIFE PRIVILEGE, §24-5-501. Criminal proceedings, §24-5-503. 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.
IMPEACHMENT OF WITNESSES. Any party may attack credibility, §24-6-607. Contradiction, §24-6-621. Conviction of crime. Use to attack character of truthfulness, §24-6-609. Credibility determined by trier of fact, §24-6-620. Disproving facts testified to by witness, §24-6-621. Hearsay statement admitted. Declarant’s credibility, §24-8-806. Instructions as to credibility. Required in cases tried by jury, §24-6-620.
INDEX INTENTION. Evidence of other crimes, wrongs or acts. Proof of intent, §24-4-404.
IMPEACHMENT OF WITNESSES - Cont’d Opinion or reputation evidence. Attacking or supporting credibility, limitations, §24-6-608. Party calling witness may attack credibility, §24-6-607. Prior consistent statements. Rebutting attack on credibility, §24-6-613. Religious beliefs or opinions. Not admissible to prove credibility impaired or enhanced, §24-6-610. Remedial measures. Offered for impeachment purposes, §24-4-407. Remedial measures taken after injury or harm offered for impeachment purposes, §24-4-407. IN CAMERA. 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. Duplicate established, §24-11-20. INDORSEMENTS. Negotiable instruments. Blank indorsements. Parol evidence. Explaining, §24-3-10. INFERENCES. Evidence, §24-14-9. INNOCENCE. Presumption. Rebuttable, §24-14-21. INSURANCE. Evidence. Insurance against liability. Inadmissible in proceedings involving claim for damages, exception, §24-4-411.
INTERPRETERS. Deaf and hearing impaired persons, §§24-6-650 to 24-6-658. Ability of interpreter to communicate and translate information. Duty of agency providing interpreter to determine, §24-6-656. Agency conducting proceeding. Agency defined, §24-6-651. Duty to provide qualified interpreter, §24-6-652. Arresting law enforcement agency. Duty to provide qualified interpreters, §24-6-653. Assurance of effective communication with hearing impaired person. Duty of agency prior to beginning proceeding, §24-6-657. Compensation, §24-6-658. Court qualified interpreter. Defined, §24-6-651. Definitions, §24-6-651. Duty to provide qualified interpreter. Ability of interpreter to communicate and translate information. Duty of agency providing interpreter to determine, §24-6-656. Agency conducting proceeding, §24-6-652. Arresting law enforcement agency, §24-6-653. Compensation by agency providing, §24-6-658. Court providing public defender or court appointed counsel, §24-6-654. Electronic and visual recording of testimony, §24-6-657. Evidence obtained from interrogation of arrested hearing impaired person. Admissibility, requirements, §24-6-653. Failure to request. Not deemed waiver, §24-6-655. Hearing impaired person. Defined, §24-6-651.
INDEX INTERPRETERS - Cont’d Deaf and hearing impaired persons - Cont’d Intermediary interpreter. Defined, §24-6-651. Interrogation of arrested hearing impaired person by law enforcement. Duty to provide qualified interpreter prior to, §24-6-653. No qualified interpreter available. Written interrogation and answers taken, preserved, turned over to court, §24-6-653. Law governing, §24-6-604. Notification to agency of need of interpreter. Duty of hearing impaired person, §24-6-652. Oath prior to providing services, §§24-6-604, 24-6-657. Policy of state, §24-6-650. Privileged or confidential communications. Presence of interpreter not to vitiate privilege or confidentiality, §24-6-657. Public defender or court appointed counsel provided. Duty to provide court qualified interpreter, §24-6-654. Qualified interpreter. Defined, §24-6-651. Release of detained hearing impaired person. Qualified interpreter unavailable, §24-6-653. State policy, §24-6-650. Waiver of right to use, §24-6-655. When qualified interpreter to be provided by agency, §24-6-652. Arresting law enforcement agency, §24-6-653. Court providing public defender or court appointed counsel, §24-6-654. INTERROGATORIES. Criminal proceedings. Deposition taken on written interrogatories, §24-13-133. INTERSTATE DEPOSITIONS AND DISCOVERY ACT. General provisions, §§24-13-110 to
INTERSTATE DEPOSITIONS AND DISCOVERY ACT - Cont’d Short title, §24-13-110. J JAILS. Jailers. Peer counselors, privileged communications, §24-5-510. JOURNALISTS. News gatherers’ privilege, §24-5-508. JUDGES. Competency to be witness. Presiding judge not to testify, §24-6-605. Estoppel. Proper conduct of judicial officers, §24-14-26. Presumptions. Proper conduct of judicial officers. Estoppel, §24-14-26. Proper conduct of judicial officers. Estoppel, §24-14-26. Witnesses. Presiding judge not to testify, §24-6-605. JUDGMENTS. Evidence. Conclusive as to matter directly in issue. Between parties and privies, §24-14-42. Fact of rendition. Admissible to show, §24-14-42. Hearsay rule exclusions, §24-8-803. Lost or destroyed bond, bill, note. Proceeding on duplicate after establishment with certified endorsement. Entry of judgment, §24-11-27. Hearsay rule exclusions, §24-8-803. Lost or destroyed records. Bond, bill, note. Proceeding on duplicate after establishment with certified endorsement. Entry of judgment, §24-11-27. JUDICIAL NOTICE. Adjudicative facts, §24-2-201. Certified copy of ordinance or resolution, §24-2-221. Hearing as propriety of taking. Entitlement upon request, §24-2-201.
INDEX JUDICIAL NOTICE - Cont’d Judicially notice fact defined, §24-2-201. Legislative fact, §24-2-220. When taken, §24-2-201. JURY AND JURY TRIAL. Charges to jury. Credibility of witness. Required instructions in cases tried by jury, §24-6-620. Restriction of evidence to proper scope. Admissible as to one party for one purpose only. Rules of evidence, §24-1-105. Confessions. Hearing on admissibility. Conducted out of jury’s hearing. Rules of evidence, §24-1-104. Credibility of witness. Determined by trier of fact, §24-6-620. Required instructions in cases tried by jury, §24-6-620. Evidence. Applicability of rules, §24-1-2. Credibility of witness. Required instructions in cases tried by jury, §24-6-620. Generally, §§24-1-1 to 24-14-47. Hearings on preliminary matters. Conducted out of jury’s hearing, §24-1-104. Inadmissible evidence suggested to jury. Prevention, §24-1-103. Inference of other facts by jury, §24-14-9. Instruction restricting evidence to proper scope. Admissible as to one party for one purpose only, §24-1-105. Jurors as witnesses. Inquiry as to validity of indictment or verdict. Prohibited testimony, exception, §24-6-606. Testimony at trial in which juror sitting. Prohibited, opportunity to object, §24-6-606. Preliminary questions. Accused testifying upon. Cross-examination as to other issues prohibited, §24-1-104. Determining, §24-1-104.
JURY AND JURY TRIAL - Cont’d Evidence - Cont’d Preliminary questions - Cont’d Hearing on preliminary matters. Conducted out of jury’s hearing, §24-1-104. Presumption of fact. Exclusively questions for jury, §24-14-20. Relevant evidence misleading jury. Exclusion, §24-4-403. Inference of other facts by jury, §24-14-9. Instructions. Charges to jury. Credibility of witness. Required instructions in cases tried by jury, §24-6-620. Restriction of evidence to proper scope. Admissible as to one party for one purpose only, §24-1-105. Preliminary questions. Rules of evidence. Accused testifying upon. Cross-examination as to other issues prohibited, §24-1-104. Determining, §24-1-104. Hearing on preliminary matters. Conducted out of jury’s hearing, §24-1-104. Presumption of fact. Exclusively questions for jury, §24-14-20. Witnesses. Inquiry as to validity of indictment or verdict. Prohibited testimony by juror, exception, §24-6-606. Testimony at trial in which juror sitting. Prohibited, opportunity to object, §24-6-606. JUVENILE COURTS. Custody of child by court. Rules of evidence. Inapplicability of rules to custody hearing, §24-1-2. Disposition of child. Rules of evidence. Inapplicability of rules to custody hearing, §24-1-2. Evidence. Inapplicability of rules. Dispositional hearing and custody hearings, §24-1-2.
INDEX JUVENILE COURTS - Cont’d Rules of evidence. Inapplicability of rules. Dispositional hearing and custody hearings, §24-1-2.
LAW ENFORCEMENT AGENCIES - Cont’d Home address of law enforcement officers or nonsworn employees of law enforcement agencies. Privileged information, §24-5-504.
JUVENILE DETENTION FACILITIES. Correctional officers. Peer counselors, privileged communications, §24-5-510. K KNOWN AND ESTABLISHED USAGE. Parol evidence. Admissible in aid of construction, §24-3-5. L LABOR AND INDUSTRIAL RELATIONS. Actions. Admissibility of criminal history record information, §24-4-419. Criminal background checks for employees of department. Admissibility of criminal history record information in employment actions, §24-4-419. LANDLORD AND TENANT. Estoppels. Landlord’s title as against tenant in possession, §24-14-26. Presumptions. Landlord’s title as against tenant in possession. Estoppel, §24-14-26. Title. Estoppels. Landlord’s title as to tenant in possession, §24-14-26. LAW ENFORCEMENT AGENCIES. Employees. Home address of law enforcement officers or nonsworn employees of law enforcement agencies. Privileged information, §24-5-504.
LAW ENFORCEMENT OFFICERS. Address of officer. Privileged information, exception, §24-5-504. Deaf or hearing impaired persons. Arrest. Interpreters provided. Duty of arresting law enforcement agency, §24-6-653. Interrogation after arrest. Duty to provided, §24-6-653. Estoppel. Proper conduct of officers of law, §24-14-26. Evidence. Privileged information. Home address, exception, §24-5-504. Proper conduct of officers of law. Estoppel, §24-14-26. Witness fees. Officer required to attend court as witness, §24-13-28. Home address of officers. Privileged information, exception, §24-5-504. Peer counselors. Privileged communications, §24-5-510. Presumptions. Proper conduct of officers of law. Estoppel, §24-14-26. Privileged communications. Peer counselors, §24-5-510. Privileged information. Home address, exception, §24-5-504. Proper conduct of officers of law. Estoppel, §24-14-26. Witnesses. Witness fees. Officer required to attend court as witness, §24-13-28. LEADING QUESTIONS. Examination of witnesses, §24-6-611. LEARNED TREATISES. Hearsay rule exclusion, §24-8-803.
INDEX LEGITIMACY. Evidence. Hearsay rule exclusion. Statements concerning, §24-8-804. Hearsay rule exclusion. Statements concerning, §24-8-804. LETTERS. Business letters. Failure to answer within reasonable time. Admission of propriety of acts mentioned presumed, §24-14-23. LIABILITY INSURANCE. Evidence. Insurance against liability. Inadmissible in proceedings involving claim for damages, exception, §24-4-411. LIBRARIES. Confidentiality. Library records identifying users, §24-12-30. Limited disclosure, §24-12-30. Records. Confidentiality. Records identifying users, §24-12-30. Limited disclosure, §24-12-30. LIFE EXPECTANCY. Evidence. American Experience Mortality Tables, §24-14-44. LOST OR DESTROYED RECORDS. Bond, bill, note, draft, checks, other evidence of indebtedness. Petition to establish duplicate, §24-11-21. Appeal, §24-11-21. Citation or notice to debtor or maker to appear, §24-11-21. Hearing, defense filed, §24-11-21. Judge’s decision, §24-11-21. Nonresidents, service, effect, §24-11-22. Title 11, UCC, inapplicability, §24-11-21. Proceeding on duplicate after establishment with certified endorsement. Complaint, §24-11-27. Duplicate taken as original, §24-11-27. Entry of judgment, §24-11-27. Institution, time, §24-11-27.
LOST OR DESTROYED RECORDS - Cont’d Contents of writings, recordings or photographs. Other evidence to prove original, §24-10-1004. Pleading, declaration, bill of indictment, special presentment, accusation, other office paper. Duplicate established instanter, §24-11-20. Office paper defined, §24-11-20. Public records. Duplicates established, §§24-11-1 to Auditor for petition, §24-11-3. Custodian may establish, §24-11-2. Definitions, §24-11-1. Determination if duplicates same as originals, §24-11-3. Effect in evidence as originals, §24-11-2. Petition to establish, §24-11-2. Requirements for duplicates, §24-11-3. Superior court, establishment of duplicates in. Clerk to furnish duplicate with certified endorsement, §24-11-26. Continuance of proceeding, §24-11-24. Party respondents, §24-11-28. Persons whose interest affected by establishing duplicate. Party respondents, rights of defense, §24-11-28. Petition to establish, §24-11-23. Rule absolute granted establishing duplicate, §24-11-25. Rule nisi as to why duplicate should not be established. Issuance by clerk, service on respondent, §24-11-23. Title 11 of UCC. Inapplicability of article to, §24-11-29. LOST RECORDS. Public records. Lost, mutilated, stolen or destroyed, §§24-11-1 to 24-11-3. M MAIL. Service by mail. Subpoenas, §24-13-24.
INDEX MAIL - Cont’d Subpoenas. Service by mail, §24-13-24. MALPRACTICE. Expert witness’ opinion. Admissibility, requirements, §24-7-702. Medical expert witnesses. Admissibility, requirements, §24-7-702. Opinion of expert witness. Admissibility, requirements, §24-7-702. MAPS AND PLATS. Evidence. Withdrawal of originals. Substitution of duplicates, §24-13-7. Withdrawal of originals from court. Substitution of duplicates, §24-13-7. MARITAL HISTORY. Evidence. Past sexual behavior of complaining witness. When admissible, procedure for introducing, §24-4-412. MARKET REPORTS AND COMMERCIAL PUBLICATIONS. Hearsay rule exclusion, §24-8-803. MARKET VALUE. Opinion evidence, §24-7-701. MARRIAGE. Evidence. Hearsay rule exclusion. Statements concerning marriage, §24-8-804. Statements in marriage certificate, §24-8-803. Hearsay rule exclusion. Statements concerning marriage, §24-8-804. Statements in marriage certificate, §24-8-803. MARRIAGE AND FAMILY THERAPISTS. Bills for expenses. Evidence. Identification, §24-9-921. Communications between therapist and patient. Privileged, §24-5-501. Evidence. Bills for expenses. Identification, §24-9-921. Communications between therapist and patient. Privileged, §24-5-501.
MARRIAGE AND FAMILY THERAPISTS - Cont’d Evidence - Cont’d Medical report in narrative form, §24-8-826. Proceeding for unanticipated outcome. Statements or conduct expressing regret, apology, sympathy etc. Inadmissible, not admission of liability, §24-4-416. Medical report in narrative form. Evidence, §24-8-826. Privileged communications, §24-5-501. MEDIATION. Evidence. Conduct or statements made. Inadmissible, §24-4-408. MEDICAL DIAGNOSIS OR TREATMENT. Hearsay rule exclusion, §24-8-803. MEDICAL EXPENSES. Evidence. Bills. Competent witness to identify, §24-9-921. Furnishing, offering, promising to pay. Inadmissible to prove liability, §24-4-409. MEDICAL INFORMATION OR MEDICAL MATTERS. Confidential or privileged information. AIDS confidential information, §§24-12-20, 24-12-21. Disclosure of medical matters, §§24-12-10 to 24-12-14. Confidential or privileged character not destroyed by disclosure, §24-12-11. Confidential or privileged defined, §24-12-10. Definitions, §24-12-10. Disclosed matter utilized for purposes of disclosure only, §24-12-12. Immunity for transmission, receipt or use of disclosed matter, §24-12-13. Medical and public education presentations, §24-12-14. Medical matters defined, §24-12-10.
INDEX MEDICAL REPORTS IN NARRATIVE FORM - Cont’d Admissible in civil trial involving injury or disease - Cont’d Report and notice on intention to introduce. Given to adverse party, requirement, §24-8-826. Statement of qualifications of person signing report. Allowed to be included, §24-8-826. Supplementing report. Testimony of person signing for purposes of, §24-8-826.
MEDICAL INFORMATION OR MEDICAL MATTERS - Cont’d Confidential or privileged information - Cont’d Pharmacists. Release not required, authorized release, waiver of privilege, §24-12-1. Physicians, hospitals, health care facilities. Release not required, exceptions, authorized release, waiver of privilege, §24-12-1. Research data. Confidential raw research data, §24-12-2. MEDICAL MALPRACTICE. Evidence. Expert witness’ opinion. Admissibility, requirements, §24-7-702. Statements or conduct expressing regret, apology, sympathy etc., for unanticipated outcome. Inadmissible, not admission of liability, §24-4-416. Expert witness’ opinion. Admissibility, requirements, §24-7-702. Medical expert witnesses. Admissibility, requirements, §24-7-702. Opinion of expert witness. Admissibility, requirements, §24-7-702. Statements or conduct expressing regret, apology, sympathy etc., for unanticipated outcome. Evidence. Inadmissible, not admission of liability, §24-4-416. MEDICAL REPORTS IN NARRATIVE FORM. Admissible in civil trial involving injury or disease, §24-8-826. Cross-examination of person signing, §24-8-826. Not to go out with jury as documentary evidence, §24-8-826. Objections by adverse party, §24-8-826. Opinion of person signing report. Allowed for certain purposes, §24-8-826. Presented to jury as deposition, §24-8-826.
MENTAL CONDITION OR STATE. Declarant’s statement as to existing condition. Hearsay rule exclusion, §24-8-803. MENTAL HEALTH. AIDS confidential information. Disclosure. Involuntary patient treatment, etc, proceedings. In camera hearing to rule on disclosure, §24-12-21. MINISTERS. Communications made by person professing religious faith, seeking spiritual comfort or seeking counseling. Privileged communications, §24-5-502. Privileged communications. Communications made by person professing religious faith, seeking spiritual comfort or seeking counseling, §24-5-502. MINORS. Aggravated assault with intent to commit rape against child under fourteen years of age. Rape shield law, §24-4-412. AIDS confidential information. Disclosure to parent or legal guardian, §24-12-21. Assault. Aggravated assault with intent to commit rape against child under fourteen years of age. Rape shield law, §24-4-412. Rape. Commission of another offense of sexual assault. Evidence, §24-4-413. Civil or administrative proceedings, §24-4-415.
INDEX MINORS - Cont’d Rape - Cont’d Rape shield law, §24-4-412. Sexual offenses. Commission of another offense of sexual assault. Evidence, §24-4-413. Civil or administrative proceedings, §24-4-415. Rape shield law, §24-4-412. Statutory rape. Commission of another offense of sexual assault. Evidence, §24-4-413. Civil or administrative proceedings, §24-4-415. Rape shield law, §24-4-412. Witnesses. Child victim of or witness to crime. Competency to testify, credibility, determination, §24-6-603. Dependency proceedings. Competency to testify, credibility, determination, §24-6-603. Depositions. Criminal proceedings, §24-13-131. Sexual conduct or physical abuse. Testimony as to child’s description, §24-8-820. Termination of parental rights. Competency to testify, credibility, determination, §24-6-603. MISSING IN ACTION (MIA). Evidence. Written report or record by United States officers or employees, §24-14-47. MISSING PERSONS. Evidence. Written report or record by United States officers or employees, §24-14-47. MISTAKE. Deed or contract required to be in writing. Parol evidence to prove, §24-3-7. Evidence of other crimes, wrongs or acts. Absence of mistake, §24-4-404. Parol evidence to prove. Deed or contract required to be in writing, §24-3-7.
MODE OF DRESS. Evidence. Past sexual behavior of complaining witness. When admissible, procedure for introducing, §24-4-412. MONEY. Receipts. Prima facie evidence of payment, §24-3-9. Denied or explained by parol evidence, §24-3-9. MORTALITY TABLES. Evidence. American Experience Mortality Tables. Life expectancy an issue, §24-14-44. Commissioners 1958 Standard Ordinary Mortality Table or Annuity Mortality Table for 1949, Ultimate. Wrongful death or permanent injury proceedings, §24-14-45. MOTION PICTURES. Evidence. Admissibility, §24-9-923. Contents of writings, recordings or photographs, §§24-10-1001 to MOTIONS. Depositions. Criminal proceedings. Taking testimony of material witness, §24-13-130. Evidence. Depositions. Criminal proceedings. Taking testimony of material witness, §24-13-130. MOTIVE. Evidence of other crimes, wrongs or acts. Proof of motive, §24-4-404. MOTOR VEHICLES. Department of driver services. Evidence. Records obtained from terminal connected to crime information center, other electronic records, §24-9-924.
INDEX N
NOLO CONTENDERE. Evidence. Inadmissible against defendant making, exceptions, §24-4-410.
NATIONALITY. Symbols. Judicial notice, §24-2-220. NATURAL RESOURCES. Department of natural resources. Law enforcement officers. Witness fees. Officer required to attend court as witness, §24-13-28. Witness fees. Law enforcement officers. Officer required to attend court as witness, §24-13-28. NEGLIGENCE. Evidence. Remedial measures taken after injury or harm. Inadmissible to prove, §24-4-407. Remedial measures taken after injury or harm. Evidence. Inadmissible to prove, §24-4-407. Subsequent remedial measures. Evidence. Inadmissible to prove, §24-4-407. NEGOTIABLE INSTRUMENTS. Evidence. Explaining blank indorsement. Parol evidence, §24-3-10. Indorsement. Blank indorsement. Parol evidence. Explaining, §24-3-10. Parol evidence. Explaining blank indorsement, §24-3-10. NEWS GATHERERS’ PRIVILEGE, §24-5-508. NEWSPAPERS. Journalists. Qualified privilege. Disclosure of information in gathering news, §24-5-508. Privileged communications. Qualified privilege. Disclosure of information in gathering news, §24-5-508.
NONRESIDENTS. Lost or destroyed records. Bond, bill, note, draft, check. Establishing duplicate. Maker nonresident party by publication, §24-11-22. Unofficial papers. Proceedings to establish duplicate. Rule nisi served by publication, §24-11-23. Witnesses. Uniform act to secure the attendance of witnesses from without state, §§24-13-90 to 24-13-97. NOTES. Duplicate established. Lost or destroyed notes, §24-11-21. Maker nonresident party, §24-11-22. Proceeding on duplicate after establishment with certified endorsement, §24-11-27. Withdrawal of originals from court. Substitution of duplicates, §24-13-7. Evidence. Lost or destroyed notes. Duplicate established, §24-11-21. Maker nonresident party, §24-11-22. Proceeding on duplicate after establishment with certified endorsement, §24-11-27. Withdrawal of originals. Substitution of duplicates, §24-13-7. Lost or destroyed notes. Duplicate established, §24-11-21. Maker nonresident party, §24-11-22. Proceeding on duplicate after establishment with certified endorsement, §24-11-27. Withdrawal of originals from court. Substitution of duplicates, §24-13-7. NOTICE. Deaf and hearing impaired person. Need of interpreter, §24-6-652. Dependency proceedings. Medical report in narrative form. Notice of intention to introduce, §24-8-826.
INDEX NOTICE - Cont’d Depositions. Criminal proceedings. Hearing on motion to take material witness’ testimony, §24-13-130. Evidence. Depositions. Criminal proceedings. Hearing on motion to take material witness’ testimony, §24-13-130. Notice to produce in lieu of subpoena, §24-13-27. Other crimes, wrongs or acts. Pretrial notice to defense of nature of evidence prosecution intends to introduce, §24-4-404. Interpreters for hearing impaired. Need of interpreter, §24-6-652. Other crimes, wrongs or acts. Pretrial notice to defense of nature of evidence prosecution intends to introduce, §24-4-404. Production of evidence. Notice to produce in lieu of subpoena, §24-13-27. Subpoenas. Notice to produce in lieu of subpoena, §24-13-27. Termination of parental rights. Medical report in narrative form introduced as evidence. Notice of intention to introduce, §24-8-826. NURSES. Advanced practice registered nurses. Bills for expenses. Evidence. Identification, §24-9-921. Medical report in narrative form. Evidence, §24-8-826. Bills for expenses. Advanced practice registered nurses. Evidence. Identification, §24-9-921. Clinical nurse specialist in psychiatric/mental health. Privileged communications. Communications between nurse specialist and patient, §24-5-501. Confidential or privileged medical matters. Disclosure, §§24-12-10 to 24-12-14.
NURSES - Cont’d Evidence. Bills for expenses. Advanced practice registered nurses. Identification, §24-9-921. Communications between clinical nurse specialist in psychiatric/mental health and patient. Privilege, §24-5-501. Confidential or privileged information. Disclosure, §§24-12-10 to 24-12-14. Medical report in narrative form. Advanced practice registered nurses, §24-8-826. Statements or conduct of regret, apology, sympathy, etc. Inadmissible, not admission of liability, §24-4-416. Medical malpractice. Evidence. Statements or conduct of regret, apology, sympathy, etc, §24-4-416. Medical report in narrative form. Advanced practice registered nurses. Evidence, §24-8-826. Privileged communications. Communications between clinical nurse specialist in psychiatric/mental health and patient, §24-5-501. NURSING HOMES. Evidence in proceeding for unanticipated outcome. Statements or conduct of regret, apology, sympathy, etc. Inadmissible, not admission of liability, §24-4-416. O OATHS. Interpreters, §§24-6-604, 24-6-657. Witnesses, §24-6-603. OBJECTIONS. Evidence. Preserving error on ruling, §24-1-103. Rules of evidence. Preserving error on ruling, §24-1-103. OCCUPATIONAL THERAPISTS. Bills for expenses. Evidence. Identification, §24-9-921.
INDEX OCCUPATIONAL THERAPISTS - Cont’d Evidence. Bills for expenses. Identification, §24-9-921. Medical report in narrative form, §24-8-826. Statements or conduct expressing regret, apology, sympathy etc. Inadmissible, not admission of liability, §24-4-416. Medical report in narrative form. Evidence, §24-8-826. OFFER OF PROOF. Rules of evidence. Preserving error on ruling, §24-1-103. OPINION EVIDENCE, §§24-7-701 to Character or trait of character. Proof made by testimony in form of opinion, §24-4-405. Credibility of witness. Attacking or supporting credibility of witness, limitations, §24-6-608. Expert witnesses. Affidavit as to qualifications, §24-7-702. Bases of testimony, §24-7-703. Conditions for testifying in form of opinion, §24-7-702. Court appointed experts. Procedure for appointing, compensation, presentation of testimony, §24-7-706. Courts of state not open to evidence not admissible in other states, §24-7-702. Facts or data upon which opinion or inference based, §24-7-703. Medical experts, §24-7-702. Mental state or condition of accused constituting element of crime charged or defense. Opinion or inference prohibited, §24-7-704. Otherwise inadmissible facts and data. Opinion or inference based on, §24-7-703. Pretrial hearing as to qualifications, §24-7-702. Professional malpractice actions. Admissibility of opinion, requirements, §24-7-702. Testimony given on facts proved by other witness, §24-7-702.
OPINION EVIDENCE - Cont’d Expert witnesses - Cont’d Ultimate issue to be decided by trier of fact. Testimony not objectionable, §24-7-704. Underlying facts or data. Giving opinion without first testifying to, §24-7-705. Workers’ compensation and administrative proceedings. Provisions not strictly applied, §24-7-702. Handwriting. Nonexpert opinion as to genuineness, §24-9-901. Helpful to clear understanding or determined fact in issue. Testimony limited to, §24-7-701. Law witness testimony, limitations, §24-7-701. Limitations. Witness not testifying as expert, §24-7-701. Market value, direct testimony, §24-7-701. Not based on scientific, technical, other specialized knowledge. Testimony limited to, §24-7-701. Perception of witness. Testimony limited to, §24-7-701. Voice. Identification by opinion upon hearing, §24-9-901. OPTOMETRISTS. Evidence in proceeding for unanticipated outcome. Statements or conduct expressing regret, apology, sympathy, etc. Inadmissible. not admission of liability, §24-4-416. ORDINANCES. Certified copies of ordinances and resolutions included in general codification. Judicial notice, §24-2-221. Evidence. Judicial notice. Certified copies of ordinances or resolutions, §24-2-221. Judicial notice. Certified copies of ordinances or resolutions, §24-2-221.
INDEX ORDINANCES - Cont’d Rules of evidence. Judicial notice. Certified copies of ordinances or resolutions, §24-2-221. OTHER CRIMES, WRONGS OR ACTS EVIDENCE. Admissibility, exceptions, §24-4-404. Child molestation. Commission of another offense of child molestation. Child molestation defined, admissibility, procedure, §24-4-414. Civil or administrative proceedings, §24-4-415. Conviction of crime. Use to attack character of truthfulness of witness, §24-6-609. Driving under influence. Commission of another driving under the influence violation by accused, §24-4-417. Hearsay exclusion. Judgment of previous conviction, §24-8-803. Pretrial notice to defense, §24-4-404. Sexual assault. Commission of another offense of sexual assault. Sexual assault defined, admissibility, procedure prior to admission, §24-4-413. Civil or administrative proceedings, §24-4-415. P PARDONS AND PAROLES. Revocation of parole or conditional release. Evidence. Inapplicability of rules to proceedings, §24-1-2. Rules of evidence. Inapplicability of rules to proceedings, §24-1-2. PARENT AND CHILD. AIDS confidential information. Disclosure to parent or legal guardian of information of minor, §24-12-21.
PAROL EVIDENCE, §§24-3-1 to All stipulations of contract contained in written instrument. Admissible to prove other portions, §24-3-2. Ambiguities. 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. Contradict or vary terms of valid written instrument. Generally inadmissible, §24-3-1. Discharge entire contract. Admissibility, §24-3-6. Enlarge time of performance. Admissibility, §24-3-6. Inadmissible to contradict or vary terms of valid written instrument, §24-3-1. Known and established usage. Admissible in aid of construction, §24-3-5. Mistake in deed, contracts required to be in writing. Admissibility, §24-3-7. New and distinct subsequent agreement. Admissibility to prove, §24-3-6. Rebut equity. Admissibility, §24-3-6. Receipts for money. Denied or explained by, §24-3-9. Surrounding circumstances. Admissibility to aid in construction of contracts, §24-3-4. Unwritten portions of contract. Admissibility, §24-3-2. Writing originally void or subsequently void. Admissible to show, §24-3-8. PARTIES. Privileged communications, §§24-5-501 to 24-5-510.
INDEX PASTOR-PENITENT PRIVILEGE, §24-5-502. PAST SEXUAL BEHAVIOR OF COMPLAINING WITNESS. Evidence. Conduct included, generally inadmissible, exception, procedure for introducing, §24-4-412. PAYMENT IN FULL. Evidence of payment. Receipts for money. Denied or explained by parol, §24-3-9. Prima facie evidence, §24-3-9. Receipts for money. Prima facie evidence of payment, §24-3-9. Denied or explained by parol, §24-3-9. PERJURY. 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 denied, §24-13-152. Cost of proceedings, §24-13-154. Criminal proceedings. Depositions to preserve testimony, §§24-13-130 to 24-13-139. Possession of property immaterial, §24-13-152. Reason why usual proceeding inadequate. Showing necessary, §24-13-151. Use of testimony taken, §24-13-153. When allowed, §24-13-150. PERSONS WITH DISABILITIES. Interpreters. Hearing impaired persons, §§24-6-650 to 24-6-658. Witnesses. Interpreters for hearing impaired persons, §§24-6-650 to 24-6-658. PETITIONS. Bond, bill, note, draft, check. Lost or destroyed. Establishing duplicate, §24-11-21.
PETITIONS - Cont’d Lost or destroyed records. Bond, bill, note, draft, check. Petition to establish duplicate, §24-11-21. Public records. Establishing duplicates, §24-11-2. Unofficial papers. Establishing duplicate, §24-11-23. Public records. Lost, mutilated, stolen or destroyed records. Establishing duplicates, §24-11-2. PHARMACISTS AND PHARMACIES. Bills for expenses. Evidence. Identification, §24-9-921. Confidential or privileged medical information. Disclosure of medical matter, §§24-12-10 to 24-12-14. Release not required, authorized release, waiver of privilege, §24-12-1. Evidence. Bills for expenses. Identification, §24-9-921. Confidential or privileged medical information. Disclosure of medical matter, §§24-12-10 to 24-12-14. Release not required, authorized release, waiver of privilege, §24-12-1. Medical information concerning patients. Confidential or privileged. Disclosure of medical matter, §§24-12-10 to 24-12-14. Release not required, authorized release, waiver of privilege, §24-12-1. Privileged information. Medical information concerning patients. Disclosure of medical matter, §§24-12-10 to 24-12-14. Release not required, authorized release, waiver of privilege, §24-12-1. PHOTOGRAPHS. Evidence. Admissibility, §24-9-923.
INDEX PHYSICAL THERAPISTS. Bills for expenses. Evidence. Identification, §24-9-921. Evidence. Bills for expenses. Identification, §24-9-921. Medical report in narrative form, §24-8-826. Statements or conduct expressing regret, apology, sympathy etc. Inadmissible, not admission of liability, §24-4-416. Medical report in narrative form. Evidence, §24-8-826. PHYSICIAN ASSISTANTS. Evidence in proceeding for unanticipated outcome. Statements or conduct expressing regret, apology, sympathy etc. Inadmissible, not admission of liability, §24-4-416. PHYSICIANS AND SURGEONS. AIDS confidential information. Disclosure, §§24-12-20, 24-12-21. Bills for expenses. Evidence. Identification, §24-9-921. Child abuse and neglect. Deposition in criminal proceedings, §24-13-130. Child molestation. Deposition in criminal proceedings, §24-13-130. Confidential or privileged medical information. AIDS confidential information. Disclosure, §§24-12-20, 24-12-21. Disclosure of medical matter, §§24-12-10 to 24-12-14. Release not required, exceptions, authorized release, waiver of privilege, §24-12-1. Deposition. Child molestation or abuse cases, §24-13-130. Evidence. Bills for expenses. Identification, §24-9-921. Confidential or privileged information, §24-12-1. AIDS confidential information. Disclosure, §§24-12-20, 24-12-21. Disclosure, §§24-12-10 to 24-12-14.
PHYSICIANS AND SURGEONS - Cont’d Evidence - Cont’d Deposition. Child molestation or abuse cases, §24-13-130. Medical report in narrative form, §24-8-826. Statements or conduct of regret, apology, sympathy, etc. Inadmissible, not admission of liability, §24-4-416. Medical information concerning patients. Confidential or privileged. AIDS confidential information. Disclosure, §§24-12-20, 24-12-21. Disclosure of medical matter, §§24-12-10 to 24-12-14. Release not required, exceptions, authorized release, waiver of privilege, §24-12-1. Medical report in narrative form. Evidence, §24-8-826. PLEADINGS. Admissions. Allegations or admissions made in, §24-8-821. Evidence. Allegations or admissions made in, §24-8-821. Loss of original. Duplicate established instanter, §24-11-20. PLEAS. Evidence. Guilty plea later withdrawn. Inadmissible against defendant making, exceptions, §24-4-410. Nolo contendere. Inadmissible against defendant making, exceptions, §24-4-410. Plea discussions. Statements by participating defendant inadmissible, exceptions, §24-4-410. Guilty pleas. Withdrawal. Inadmissible, exceptions, §24-4-410. PODIATRY. Bills for expenses. Evidence. Identification, §24-9-921.
INDEX PREPONDERANCE OF EVIDENCE - Cont’d Number of witnesses. Jury may consider, §24-14-4. Not necessarily with greater number, §24-14-4. Preliminary questions at trial. Resolved by, §24-1-104. Sufficient to produce mental conviction. Civil cases, §24-14-3.
PODIATRY - Cont’d Evidence. Bills for expenses. Identification, §24-9-921. Medical report in narrative form, §24-8-826. Statements or conduct expressing regret, apology, sympathy etc. Inadmissible, not admission of liability, §24-4-416. Medical report in narrative form. Evidence, §24-8-826. POLICE. Address of officer. Privileged information, exception, §24-5-504. Estoppel. Proper conduct of officers of law, §24-14-26. Evidence. Presumptions. Proper conduct of officers of law. Estoppel, §24-14-26. Privileged information. Home address, exception, §24-5-504. Witness fees. Officer required to attend court as witness, §24-13-28. Home address of officer. Privileged information, exception, §24-5-504. Presumptions. Proper conduct of officers of law. Estoppel, §24-14-26. Privileged information. Home address, exception, §24-5-504. Proper conduct of officers of law. Estoppel, §24-14-26. Witnesses. Witness fees. Officer required to attend court as witness, §24-13-28. PORTRAITS. Family record hearsay exclusion. Inscriptions on family portraits, §24-8-803. PRELIMINARY HEARINGS. Rules of evidence. Applicability, hearsay admissible, §24-1-2. PREPONDERANCE OF EVIDENCE. Consideration by jury, §24-14-4. Determining where preponderance lies, §24-14-4.
PRESENTENCE HEARINGS. Rules of evidence. Applicability, hearsay, character evidence admissible, §§24-1-2, PRESENTMENTS. Duplicate established. Lost special presentments, §24-11-20. Lost special presentments. Duplicate established, §24-11-20. Special presentments. Lost presentments. Duplicate established, §24-11-20. PRESENT SENSE IMPRESSION. Exclusion from hearsay rule, §24-8-803. PRESUMPTION OF DEATH. Evidence of presumed death. Written finding by United States officers or employees, §24-14-47. PRESUMPTIONS, §§24-14-20 to Business letters. Failure to answer within reasonable time. Admission of propriety of acts mentioned, §24-14-23. Charge or claim against party well founded, §24-14-22. Checks. Payment. Production of duplicate with original bank statement, §24-14-25. Continuation of life for seven years. Rebuttable, §24-14-21. Death. Evidence of presumed death. Written finding by United States officers or employees, §24-14-47. Estoppels. Conclusive presumptions of law, §24-14-26.
INDEX PRIOR CRIMES, WRONGS OR ACTS EVIDENCE - Cont’d Child molestation. Commission of another offense of child molestation. Child molestation defined, admissibility, procedure, §24-4-414. Civil or administrative proceedings, §24-4-415. Conviction of crime. Use to attack character of truthfulness of witness, §24-6-609. Driving under influence. Commission of another driving under the influence violation by accused, §24-4-417. Hearsay exclusion. Judgment of previous conviction, §24-8-803. Pretrial notice to defense, §24-4-404. Sexual assault. Commission of another offense of sexual assault. Sexual assault defined, admissibility, procedure prior to admission, §24-4-413. Civil or administrative proceedings, §24-4-415.
PRESUMPTIONS - Cont’d Estoppels - Cont’d Equitable estoppel, §24-14-28. Not generally favored, §24-14-26. Presumptions enumerated, §24-14-26. Title adverse to trustees and other representatives trust. Setting up, §24-14-28. Title to real estate. Both parties with equal knowledge or equal means of obtaining truth. No estoppel, §24-14-27. Failure to produce evidence, §24-14-22. Guilt. Rebuttable, §24-14-21. Innocence. Rebuttable, §24-14-21. Mental state once proved to exist. Rebuttable, §24-14-21. Presumption of fact. Decided by ordinary test of human experience, §24-14-20. Defined, §24-14-20. Exclusively questions for jury, §24-14-20. Presumption of law. Defined, §24-14-20. Railroad right of way. Establishing right, title, interest in based on occupancy. Occupancy presumed with permission of railroad, §24-14-24. Rebuttable presumptions, §24-14-21. Charge or claim against party well founded, §24-14-22. Railroad right of way. Establishing right, title, interest in based on occupancy. Occupancy presumed with permission of railroad, §24-14-24.
PRIOR STATEMENTS MADE BY WITNESSES. Examination of witness concerning, §24-6-613. Prior consistent statements. Rebutting charge of recent fabrication, improper influence or motive, §24-6-613. Rehabilitating witness, admissibility, §24-6-613. Prior inconsistent statements. Extrinsic evidence of admissibility, §24-6-613. When not hearsay, §24-8-801. Testimony in same or different proceeding, §24-8-804.
PRIEST-PENITENT PRIVILEGE, §24-5-502. PRIOR CRIMES, WRONGS OR ACTS EVIDENCE. Admissibility, exceptions, §24-4-404.
PRISONS AND PRISONERS. Correctional officers. Peer counselors, privileged communications, §24-5-510.
INDEX PRISONS AND PRISONERS - Cont’d Evidence. Prisoners needed as witness or to stand trial. Delivery of prisoner to sheriff of county where prisoner desired. Cost and expenses of transporting and keeping, §24-13-60. Ex parte order directed to commissioner of corrections, §24-13-60. Habeas corpus ad testificandum. Issuance to cause production, §24-13-62. Prisoner under death penalty requested as witness, §24-13-60. Judge’s order requiring production. Issuance to officer having custody of prisoner, §24-13-61. Prisoner under death sentence. Interview of witness by requesting party, §24-13-60. Motion for writ of habeas corpus ad testificandum by requesting party, §24-13-60. Securing attendance of witness from without state, §§24-13-93, Habeas corpus. Prisoners needed as witness or to stand trial. Habeas corpus ad testificandum. Issuance to cause production, §24-13-62. Prisoner under death penalty requested as witness, §24-13-60. Witnesses. Prisoners needed as witness or to stand trial. Delivery of prisoner to sheriff of county where prisoner desired. Cost and expenses of transporting and keeping, §24-13-60. Ex parte order directed to commissioner of corrections, §24-13-60. Habeas corpus ad testificandum. Issuance to cause production, §24-13-62. Prisoner under death penalty requested as witness, §24-13-60. Judge’s order requiring production. Issuance to officer having custody of prisoner, §24-13-61.
PRISONS AND PRISONERS - Cont’d Witnesses - Cont’d Prisoners needed as witness or to stand trial - Cont’d Prisoner under death sentence. Interview of witness by requesting party, §24-13-60. Motion for writ of habeas corpus ad testificandum by requesting party, §24-13-60. Securing attendance of witness from without state, §§24-13-93, PRISON TERMS. Subpoenas. Enforcement, §24-13-26. Misuse, §24-13-21. PRIVACY. Privileges and privileged communications generally, §§24-5-501 to 24-5-510. PRIVILEGE AGAINST SELF-INCRIMINATION. Accused, §24-5-506. No presumption, no comment on failure to testify, §24-5-506. Immunity from prosecution. Court order requiring testimony or production of evidence, §24-5-507. Party or witness, §24-5-505. PRIVILEGES AND PRIVILEGED COMMUNICATIONS, §§24-5-501 to 24-5-510. Accountant and client. Communications between, §24-5-501. Attorney and client. Communications between, §24-5-501. Writing used to refresh witness’ recollection, §24-6-612. Clergy. Communications by person professing religious faith seeking spiritual comfort or counseling to member of clergy, §24-5-502. Deaf and hearing impaired persons. Interpreters. Presence of interpreter not to vitiate privilege or confidentiality, §24-6-657. Existence. Preliminary question, determining, §24-1-104.
INDEX PRIVILEGES AND PRIVILEGED COMMUNICATIONS - Cont’d Forfeiture of party’s or witness’ estate. Matter tending to work, exception, §24-5-505. Grand jurors. Communications among, §24-5-501. Husband and wife. Communications between, §24-5-501. Criminal proceedings. Competent by not compelled 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. Immunity from prosecution. Court order requiring testimony or production of evidence, §24-5-507. Refusal to testify, contempt, §24-5-507. Interpreters. Deaf and hearing impaired persons. Presence of interpreter not to vitiate privilege or confidentiality, §24-6-657. Journalists. Qualified privilege. Disclosure of information in gathering or disseminating news, §24-5-508. Marriage and family therapist and patient. Communications between, §24-5-501. Medical information. Confidential or privileged information, §24-12-1. AIDS confidential information, §§24-12-20, 24-12-21. Confidential raw research data, §24-12-2. Disclosure of medical matters, §§24-12-10 to 24-12-14. Mental health services provider and patient. Communications between, §24-5-501. News media. Qualified privilege. Disclosure of information in gathering or disseminating news, §24-5-508.
PRIVILEGES AND PRIVILEGED COMMUNICATIONS - Cont’d Nurse specialist in psychiatric/mental health and patient. Communications between, §24-5-501. Professional counselor and patient. Communications between, §24-5-501. Psychiatrist and patient. Communications between, §24-5-501. Psychologist and patient. Communications between, §24-5-501. Psychotherapy. Communications between provider rendering and patient, §24-5-501. Defined, §24-5-501. Public policy. Admissions and communications excluded on grounds of, §24-5-501. Public safety officers. Peer counselors, §24-5-510. Secrets of state, §24-5-501. Self-incrimination. Accused, §24-5-506. No presumption, no comment on failure to testify, §24-5-506. Immunity from prosecution. Court order requiring testimony or production of evidence, §24-5-507. Party or witness, §24-5-505. Social workers and patient. Communications between, §24-5-501. State matters of which state policy or community interest require concealment. Matter tending to work, exception, §24-5-505. Victims of family violence or sexual assault. Communications with agents providing services to victim, §24-5-509. PROBATION. 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.
INDEX PSYCHOLOGISTS - Cont’d Evidence - Cont’d Communications between psychologist and patient. Privilege, §24-5-501. Medical report in narrative form, §24-8-826. Proceeding for unanticipated outcome. Statements or conduct expressing regret, apology, sympathy etc. Inadmissible, not admission of liability, §24-4-416. Medical report in narrative form. Evidence, §24-8-826. Privileged communications, §24-5-501.
PRODUCTS LIABILITY. Evidence. Remedial measures taken after injury or harm. Admissibility, §24-4-407. Remedial measures taken after injury or harm. Evidence. Admissibility, §24-4-407. PROFESSIONAL COUNSELORS. Privileged communications, §24-5-501. Public safety officers. Peer counselors, privileged communications, §24-5-510. PROMISCUITY. Evidence. Past sexual behavior of complaining witness. Reputation for promiscuity, §24-4-412.
PSYCHOTHERAPEUTIC TECHNIQUES. Defined, §24-5-501. PSYCHOTHERAPY. Defined, §24-5-501. Privileged communications, §24-5-501.
PROOF. Evidence. Provisions effective January 1, 2013, §§24-1-1 to 24-14-47. PROSTITUTION. Trafficking of persons for labor or sexual servitude. Rape shield law, §24-4-412. PROTECTIVE ORDERS. Discovery. Uniform interstate depositions and discovery act. Protective order to enforce, quash or modify subpoena, §24-13-116.
PUBLICATION. Lost or destroyed records. Bond, bill, note, draft, check. Establishing duplicate. Maker nonresident party by publication, §24-11-22. Unofficial papers. Proceedings to establish duplicate. Rule nisi served by publication, §24-11-23.
PSYCHOLOGIST-PATIENT PRIVILEGE, §24-5-501.
PUBLIC DEFENDERS. Deaf and hearing impaired persons. Court qualified interpreter provided. Court appointment of public defender for, §24-6-654. Interpreters for hearing impaired. Court appointment of public defender for. Court qualified interpreter provided, §24-6-654.
PSYCHOLOGISTS. Bills for expenses. Evidence. Identification, §24-9-921. Communications between psychologist and patient. Privilege, §24-5-501. Evidence. Bills for expenses. Identification, §24-9-921.
PUBLIC OFFICERS AND EMPLOYEES. Attestation or certificate of public officer. Evidence. Authenticity of document, §24-9-920. Evidence. Attestation or certificate of public officer. Authenticity of document, §24-9-920.
PSYCHIATRIST-PATIENT PRIVILEGE, §24-5-501. PSYCHIATRISTS. Privileged communications, §24-5-501.
INDEX PUBLIC RECORDS. Copies. Duplicate proving contents, §24-10-1005. Lost, mutilated, stolen or destroyed. Duplicates established, §§24-11-1 to Duplicates. Contents proved by, §24-10-1005. Lost, mutilated, stolen or destroyed, §§24-11-1 to 24-11-3. Evidence. Contents of writings, recordings or photographs. Public record proved by duplicate, §24-10-1005. Hearsay rule exclusion, §24-8-803. Absence of record or entry, §24-8-803. Interest in property, §24-8-803. Vital statistics, §24-8-803. Lost, mutilated, stolen or destroyed, §§24-11-1 to 24-11-3. Privilege. State matters of which state policy or community interest require concealment, §24-5-505. State secrets, §24-5-501. Hearsay rule exclusion, §24-8-803. Absence of record or entry, §24-8-803. Interest in property, §24-8-803. Vital statistics, §24-8-803. Lost, mutilated, stolen or destroyed. Duplicates established, §§24-11-1 to Auditor for petition, §24-11-3. Custodian may establish, §24-11-2. Definitions, §24-11-1. Determination if duplicates same as originals, §24-11-3. Effect in evidence as originals, §24-11-2. Petition to establish, §24-11-2. Requirements for duplicates, §24-11-3. Privilege. State matters of which state policy or community interest require concealment, §24-5-505. State secrets, §24-5-501. PUBLIC SAFETY. Department of public safety. Evidence. Records obtained from terminal connected to crime information center, §24-9-924.
PUBLIC SAFETY - Cont’d Peer counselors and public safety officers, privileged communications, §24-5-510. R RABBI-PENITENT PRIVILEGE, §24-5-502. RABIES. Veterinarians. Rabies vaccination history of animal, release to physician, §24-12-31. RADIO. Journalists. Qualified privilege. Disclosure of information in gathering news, §24-5-508. Privileged communication. Qualified privilege. Disclosure of information in gathering news, §24-5-508. RAILROADS. Presumptions. Occupancy with permission of railroad, §24-14-24. Right of way. Occupancy presumed with permission of railroad, §24-14-24. RAPE. Evidence. Commission of another offense of sexual assault, §24-4-412. Civil or administrative proceedings, §24-4-415. Past sexual behavior of complaining witness, §24-4-412. Other crimes. Evidence. Commission of another offense of sexual assault, §24-4-413. Civil or administrative proceedings, §24-4-415. Past sexual behavior of complaining witness. Evidence, §24-4-412. Prior crimes. Evidence. Commission of another offense of sexual assault, §24-4-413. Civil or administrative proceedings, §24-4-415.
INDEX RAPE - Cont’d Rape shield law. Evidence. Past sexual behavior of complaining witness, §24-4-412. RAPE SHIELD LAW. Evidence. Past sexual behavior of complaining witness. Conduct included, §24-4-412. Generally inadmissible, §24-4-412. When admissible, procedure for introducing, §24-4-412. REAL PROPERTY. Estoppels. Title to real estate. Both parties with equal knowledge or equal means of obtaining truth. No estoppel, §24-14-27. Title. Estoppel relating to title. Both parties with equal knowledge or equal means of obtaining truth. No estoppel, §24-14-27. REASONABLE DOUBT. Burden of proof in criminal case, §24-14-5. REBUTTABLE PRESUMPTIONS, §24-14-21. Charge or claim against party well founded, §24-14-22. Occupancy of railroad right of way with permission of railroad, §24-14-24. RECEIPTS FOR MONEY. Prima facie evidence of payment, §24-3-9. Denied or explained by parol evidence, §24-3-9. RECIPROCITY. Witnesses. Securing attendance of witnesses from without state. Applicable to states enacting reciprocal powers, §24-13-97. RECOLLECTION RECORDED. Hearsay rule exclusion, §24-8-803. RECORDS. Ancient documents. Hearsay rule exclusion, §24-8-803.
RECORDS - Cont’d Business records. Extrinsic evidence of authenticity. Not required, §24-9-902. Hearsay rule exclusion. Regularly conducted activity, §24-8-803. Absence of entry, §24-8-803. Subpoena for production. Business will suffer injury by production of books. Commission appointed to examine books, statement of accounts and entries. Adverse party dissatisfied with transcript, §24-13-6. Oath required, §24-13-5. Transcript of accounts and dealings with opposite party. Required, §24-13-5. Evidence. Authentication and identification, §§24-9-901 to 24-9-924. Contents of writings, recordings or photographs, §§24-10-1001 to Extrinsic evidence of authenticity. Not required, §24-9-902. Hearsay rule exclusion. Ancient documents, statements in, §24-8-803. Family records, §24-8-803. Interest in property, §24-8-803. Public records and reports, §24-8-803. Absence of record or entry, §24-8-803. Vital statistics, §24-8-803. Regularly conducted activity, §24-8-803. Absence of entry, §24-8-803. Religious organizations, §24-8-803. Lost records. Other records, §§24-11-20 to Public records, §§24-11-1 to 24-11-3. Self-authentication, §24-9-902. Family records. Hearsay rule exclusion, §24-8-803. Hearsay rule exclusion. Ancient documents, statements in, §24-8-803. Family records, §24-8-803. Interest in property, §24-8-803. Public records and reports, §24-8-803. Absence of record or entry, §24-8-803.
INDEX RECORDS - Cont’d Hearsay rule exclusion - Cont’d Public records and reports - Cont’d Vital statistics, §24-8-803. Regularly conducted activity, §24-8-803. Absence of entry, §24-8-803. Religious organizations, §24-8-803. Lost or destroyed records, §§24-11-1 to 24-11-29. Religious organizations. Hearsay rule exclusion, §24-8-803. Vital records. Hearsay rule exclusion, §24-8-803.
RELIGION - Cont’d Witness’ religious beliefs or opinions. Not admissible to prove credibility impaired or enhanced, §24-6-610.
REFRESHING RECOLLECTION. Writing used by witness while or before testifying, §24-6-612.
REPORTS. Evidence. Hearsay rule exclusion. Public records and reports, §24-8-803. Medical report in narrative form, §24-8-826. Hearsay rule exclusion. Public records and reports, §24-8-803. Medical reports in narrative form. Evidence, §24-8-826.
RELIGIOUS PRIVILEGE, §24-5-502. REMEDIAL MEASURES. Evidence. Admissibility, restrictions, §24-4-407. REPAIRS. Evidence. Subsequent remedial measures, §24-4-407.
REGISTERED MAIL. Subpoenas. Mail service, §24-13-24. RELEVANT EVIDENCE, §§24-4-401 to RELIGION. Communication made by person professing religious faith, seeking spiritual comfort or counseling to clergy member. Privileged communications, §24-5-502. Evidence. Hearsay rule exclusion. Records of religious organizations, §24-8-803. Privileged communications. Communication made by person professing religious faith, seeking spiritual comfort or counseling, §24-5-502. Witness’ religious beliefs or opinions. Not admissible to prove credibility impaired or enhanced, §24-6-610. Hearsay rule exclusion. Records of religious organizations, §24-8-803. Privileged communications. Communication made by person professing religious faith, seeking spiritual comfort or counseling, §24-5-502. Records of religious organizations. Hearsay rule exclusion, §24-8-803.
REPUTATION. Evidence. Attacking or supporting credibility of witness, limitations, §24-6-608. Hearsay rule exclusion. Boundaries or general history, §24-8-803. Character, §24-8-803. Personal or family history, §24-8-803. Past sexual behavior of complaining witness, §24-4-412. RESEARCH. Confidential raw research data, §24-12-2. RIGHTS OF WAY. Railroads. Occupancy presumed with permission of railroad, §24-14-24. RINGS. Family record hearsay exclusion. Engravings, §24-8-803. ROUTINE PRACTICE OF ORGANIZATION. Evidence, §24-4-406.
INDEX RULE ABSOLUTE. Lost or destroyed records. Unofficial papers. Establishing duplicate, §24-11-25. RULE NISI. Lost or destroyed records. Unofficial papers. Establishment of duplicate, §24-11-23. RULES OF EVIDENCE. Generally, §§24-1-1 to 24-14-47. S SEALS AND SEALED INSTRUMENTS. Judicial notice. Seals departments of federal and state governments, §24-2-220. SEARCHES AND SEIZURES. Evidence. Inapplicability of rules in proceedings for issuance of warrant, §24-1-2. Rules of evidence. Inapplicability of rules in proceedings for issuance of warrant, §24-1-2. SECRETS. State secrets. Confidentiality, §24-5-501. Evidence. Privilege, §24-5-501. Privilege, §24-5-501. SELF-INCRIMINATION. Accused. Privilege against, §24-5-506. No presumption, no comment on failure to testify, §24-5-506. Immunity from prosecution. Superior court order requiring person to testify or produce evidence, §24-5-507. Party or witness. Privilege against, §24-5-505. Superior court order requiring person to testify or produce evidence. Immunity from prosecution, §24-5-507. SENTENCING. Presentence hearings. Rules of evidence. Applicability, hearsay, character evidence admissible, §§24-1-2,
SERVICE OF PROCESS. Lost or destroyed records. Bond, bill, note, draft, check. Establishing duplicate. Citation or notice to debtor or maker to appear, §24-11-21. Maker nonresident party by publication, §24-11-22. Unofficial papers. Rule nisi, §24-11-23. Mail service. Subpoenas, §24-13-24. Sheriffs. Subpoenas, §24-13-24. Subpoenas, §24-13-24. Reasonable time, §24-13-26. Requiring attendance of witness. Any place within state, §24-13-24. Uniform interstate depositions and discovery act. Service of foreign subpoena, §24-13-114. Witnesses. Privilege from. Uniform act to secure attendance of witnesses from without state, §24-13-96. SETTLEMENTS. Conduct or statements made in negotiations. Evidence. Inadmissible, §24-4-408. Evidence. Conduct or statements made in negotiations. Inadmissible, §24-4-408. SEX SLAVES. Trafficking of persons for labor or sexual servitude. Rape shield law, §24-4-412. SEXUAL ASSAULT. Commission of another offense of sexual assault. Evidence, §24-4-413. Civil or administrative proceedings, §24-4-415. Evidence. Commission of another offense of sexual assault, §24-4-413. Civil or administrative proceedings, §24-4-415. Rape shield law, §24-4-412.
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. Privileged communications with agents providing services to victim, §24-5-509.
SEXUAL OFFENSES - Cont’d Evidence - Cont’d Rape shield law, §24-4-412. Minors. Child sexual abuse. Evidence. Child’s description of act of sexual contact. Admissibility by testimony of person to whom statement made, §24-8-820. Testimony of child as to sexual contact. Hearsay exception, §24-8-820. Other crimes. Evidence. Commission of another offense of child molestation, §24-4-414. Civil or administrative proceedings, §24-4-415. Commission of another offense of sexual assault, §24-4-413. Civil or administrative proceedings, §24-4-415. Rape shield law, §24-4-412.
SEXUAL BATTERY. Commission of another offense of sexual assault. Evidence, §24-4-413. Civil or administrative proceedings, §24-4-415. Rape shield law, §24-4-412. SEXUAL INTERCOURSE. Rape shield law. Past sexual behavior of complaining witness, §24-4-412. SEXUAL MORES CONTRARY TO COMMUNITY STANDARDS. Rape shield law. Past sexual behavior of complaining witness. Reputation for, §24-4-412. SEXUAL OFFENSES. Child sexual abuse. Evidence. Child’s description of act of sexual contact. Admissibility by testimony of person to whom statement made, §24-8-820. Hearsay rule exclusion. Child’s description of act of sexual contact. Admissibility by testimony of person to whom statement made, §24-8-820. Evidence. Commission of another offense of child molestation, §24-4-414. Civil or administrative proceedings, §24-4-415. Commission of another offense of sexual assault, §24-4-413. Civil or administrative proceedings, §24-4-415.
SHERIFFS. Service of process. Subpoenas, §24-13-24. Subpoenas. Service, §24-13-24. Witnesses. Witness fees. Officer required to attend court as witness, §24-13-28. SHIELD LAW. Rape shield law, §24-4-412. SIGN LANGUAGE. Interpreters. Hearing impaired persons, §§24-6-650 to 24-6-658. Oath or affirmation, §24-6-604. SLAVERY. Trafficking of persons for labor or sexual servitude. Rape shield law, §24-4-412. SOCIAL WORKER-PATIENT PRIVILEGE, §24-5-501. SOCIAL WORKERS. Bills for expenses. Evidence. Identification, §24-9-921. Communications between clinical social worker and patient. Privilege, §24-5-501.
INDEX SODOMY - Cont’d Other crimes - Cont’d Evidence - Cont’d Sexual assault. Commission of another offense of sexual assault, §24-4-413. Civil or administrative proceedings, §24-4-415. Rape shield law, §24-4-412.
SOCIAL WORKERS - Cont’d Evidence. Bills for expenses. Identification, §24-9-921. Communications between clinical social worker and patient. Privilege, §24-5-501. Medical report in narrative form, §24-8-826. Proceeding for unanticipated outcome. Statements or conduct expressing regret, apology, sympathy etc. Inadmissible, not admission of liability, §24-4-416. Medical report in narrative form. Evidence, §24-8-826. Privileged communications, §24-5-501.
SPECIMENS. Evidence. Comparison with authenticated specimens, §24-9-901.
SODOMY. Aggravated child molestation. Commission of another offense of child molestation. Evidence, §24-4-414. Civil or administrative proceedings, §24-4-415. Evidence. Child molestation. Commission of another offense of child molestation, §24-4-414. Civil or administrative proceedings, §24-4-415. Rape shield law, §24-4-412. Sexual assault. Commission of another offense of sexual assault, §24-4-413. Civil or administrative proceedings, §24-4-415. Minors. Aggravated child molestation. Commission of another offense of child molestation. Evidence, §24-4-414. Civil or administrative proceedings, §24-4-415. Other crimes. Evidence. Child molestation. Commission of another offense of child molestation, §24-4-414. Civil or administrative proceedings, §24-4-415.
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS. Evidence in proceeding for unanticipated outcome. Statements or conduct expressing regret, apology, sympathy etc. Inadmissible, not admission of liability, §24-4-416. SPOUSAL PRIVILEGE, §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. STAFFORD’S OFFICE CALENDAR. Evidence. Admissibility in proof of dates covered, §24-14-43. STATEMENT AGAINST INTEREST. Hearsay rule exclusion, §24-8-804. STATE PATROL. Witnesses. Witness fees. Officer required to attend court as witness, §24-13-28. STATES. Judicial notice. Existence, territorial limits, forms of government, §24-2-220. STATE SECRETS. Confidentiality, §24-5-501.
INDEX STATE SECRETS - Cont’d Evidence. Privilege, §24-5-501. Privilege, §24-5-501. STATUTES. Judicial notice, §24-2-220. STATUTORY RAPE. Commission of another offense of sexual assault. Evidence, §24-4-413. Civil or administrative proceedings, §24-4-415. Rape shield law, §24-4-412. STERN’S UNITED STATES CALENDAR. Evidence. Admissibility in proof of dates covered, §24-14-43. STREET GANGS. Evidence of criminal gang activity. Admissibility of evidence of criminal gang activity on any relevant matter, §24-4-418. SUBPOENAS, §§24-13-20 to 24-13-29. Applicability of article, §24-13-20. Attorney of record. Authority to issue and sign, §24-13-21. Service upon, §24-13-24. Blank subpoenas. Availability on demand, §24-13-21. Business will suffer injury by production of books. Commission appointed to examine books, statement of accounts and entries. Adverse party dissatisfied with transcript, §24-13-6. Oath required, §24-13-5. Transcript of accounts and dealings with opposite party. Required, §24-13-5. Civil proceedings. Applicability of article, §24-13-20. Completed prior to service, §24-13-21. Conditional denial. Advancement of cost of producing evidence, §24-13-23. Confidential raw research data, §24-12-2. Contempt. Attachment for, enforcement, §24-13-26.
SUBPOENAS - Cont’d Contempt - Cont’d Misuse, §24-13-21. Content requirements, §24-13-21. Continuance of proceedings, §24-13-26. Cost of producing evidence. Conditional denial upon advancement, §24-13-23. Criminal proceedings. Applicability of article, §24-13-20. Defined, §24-13-21. Depositions. Interstate depositions and discovery act, §§24-13-110 to 24-13-116. Enforcement, §§24-13-21, 24-13-26. Notice to produce in lieu of subpoena, §24-13-27. Fine. Enforcement, §24-13-26. Misuse, §24-13-21. General assembly members. Compelling to attend court and give testimony during general assembly session. Prohibition, §24-13-29. Grand jury proceedings. Issuance by district attorney, §24-13-21. Imprisonment. Enforcement, §24-13-26. Misuse, §24-13-21. Interstate depositions and discovery act, §§24-13-110 to 24-13-116. Legislators’ exemption. Compelling to attend court and give testimony during general assembly session. Prohibition, §24-13-29. Misuse. Contempt, fine, imprisonment, §24-13-21. Notice to produce in lieu of subpoena. Enforcement, §24-13-27. Requirements, §24-13-27. Service, §24-13-27. Personal service, §24-13-24. Production of evidence, §24-13-23. Service of notice to produce in lieu of subpoena, §24-13-27. Subpoena defined as including, §24-13-21. Proof of service. Return or certificate, §24-13-24.
INDEX SUBPOENAS - Cont’d Quash or modify. Unreasonable or oppressive, §24-13-23. Reasonable time. Service within, §24-13-26. Registered or certified mail. Service by, §24-13-24. Research. Confidential raw research data, §24-12-2. Secondary evidence. Admissible, evidence unsuccessfully sought, §24-13-26. Service, §24-13-24. Notice to produce in lieu of subpoena, §24-13-27. Reasonable time, §24-13-26. Witness subpoena, §24-13-22. Unreasonable or oppressive. Quash or modify, §24-13-23. Witness subpoena. Issued under authority of clerk, service, §24-13-22. Subpoena defined as including, §24-13-21. Witness fees and mileage, amount, tender, §24-13-25. Law enforcement officer subject of subpoena. Witness fees, §24-13-28.
TELEVISION. Journalists. Qualified privilege. Disclosure of information in gathering news, §24-5-508. Privileged communications. Qualified privilege. Disclosure of information in gathering news, §24-5-508.
SUBSEQUENT REMEDIAL MEASURES. Evidence. Admissibility, restrictions, §24-4-407.
THE UNIFORM ACT TO SECURE THE ATTENDANCE OF WITNESSES FROM WITHOUT THE STATE. General provisions, §§24-13-90 to Short title, §24-13-90.
SUPERIOR COURTS. Criminal procedure. Immunity from prosecution. Court order requiring testimony, §24-5-507. Immunity from prosecution. Court order requiring testimony, §24-5-507. SYMBOLS OF NATIONALITY. Judicial notice, §24-2-220. T TELEPHONE CONVERSATIONS. Evidence. Authentication, §24-9-901.
TERMINATION OF PARENTAL RIGHTS. Child witnesses. Competency to testify, credibility, determination, §24-6-603. Evidence. Medical report in narrative form. Notice of intention to introduce, §24-8-826. Medical report in narrative form introduced as evidence. Notice of intention to introduce, §24-8-826. Notice. Medical report in narrative form introduced as evidence. Notice of intention to introduce, §24-8-826. Witnesses. Child witnesses. Competency to testify, credibility, determination, §24-6-603.
TOMBSTONES. Family record hearsay exclusion. Inscriptions on, §24-8-803. TRAFFICKING. Labor or sexual servitude. Trafficking of persons for. Rape shield law, §24-4-412. TREASON. Evidence. Single witness testimony insufficient, §24-14-8. TREATISES. Hearsay rule exclusion, §24-8-803.
INDEX TRIAL. Evidence. Applicability to jury and nonjury trials, exceptions, §24-1-2. Generally, §§24-1-1 to 24-14-47. Preliminary questions. Rules of evidence. Accused testifying upon. Cross-examination as to other issues prohibited, §24-1-104. Determining, §24-1-104. Rules of evidence. Applicability to jury and nonjury trials, exceptions, §24-1-2. Generally, §§24-1-1 to 24-14-47. TRUSTS AND TRUSTEES. Estoppel. Title adverse to trustees and other representatives trust. Setting up, §24-14-28. Presumptions. Estoppel. Title adverse to trustees and other representatives trust. Setting up, §24-14-28. Title. Estoppel. Setting up title adverse to trust, §24-14-28. TRUTHFULNESS OR UNTRUTHFULNESS OF WITNESS. Conviction of crime used to attack character of truthfulness, §24-6-609. Reputation or opinion evidence to support or attack credibility, §24-6-608. U UNCORROBORATED TESTIMONY. Existence of fact testified to by one positive witness. Generally believed, exception, §24-14-7. Fact established by testimony of single witness. Generally, exceptions, §24-14-8. UNIFORM ACT TO SECURE THE ATTENDANCE OF WITNESSES FROM WITHOUT THE STATE. General provisions, §§24-13-90 to
UNIFORM ACT TO SECURE THE ATTENDANCE OF WITNESSES FROM WITHOUT THE STATE - Cont’d Short title, §24-13-90. UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT. Foreign depositions, §§24-13-110 to Short title, §24-13-110. UNITED STATES. Agriculture department. Evidence. Inspection certificates, §24-14-46. Laws. Judicial notice, §24-2-220. UNIVERSITIES AND COLLEGES. Confidentiality of information. Raw research data, §24-12-2. Research. Confidential raw research data, §24-12-2. URNS. Family record hearsay exclusion. Engravings, §24-8-803. USAGE OF TRADE. Parol evidence. Known and established usage. Admissible in aide of construction, §24-3-5. V VALUE OF LIFE. Evidence. Computing, wrongful death proceedings, §24-14-45. VETERINARIANS. Confidentiality of information on animal care, §24-12-31. Release, authorization, §24-12-31. Waiver, §24-12-31. Rabies vaccination history of animal, release to physician, §24-12-31. VICTIMS OF CRIMES. Present in court exercising jurisdiction over offense. Right, §24-6-616.
INDEX VICTIMS OF CRIMES - Cont’d Privileged communications with agents providing services to victim. Victims of family violence or sexual assault, §24-5-509. Rights of victims. Present in court exercising jurisdiction over offense, §24-6-616. VIDEO RECORDINGS. Depositions in criminal cases. Audiovisual recording, §24-13-137. Evidence. Admissibility, §24-9-923. Contents of writings, recordings or photographs, §§24-10-1001 to Depositions in criminal cases. Audiovisual recording, §24-13-137. VITAL RECORDS. Evidence. Hearsay rule exclusion, §24-8-803. Hearsay rule exclusion, §24-8-803. VOICE IDENTIFICATION. Evidence. Identification by opinion upon hearing, §24-9-901. W WITNESSES. Arrest. Privilege from. Uniform act to secure attendance of witnesses from without state, §24-13-96. While attending court, going to or from court, §24-13-1. Attendance. Prisoners, §§24-13-60 to 24-13-62. Subpoenas, §§24-13-20 to 24-13-29. Uniform act to secure the attendance of witnesses from without state, §§24-13-90 to 24-13-97. Authenticating witness. When deemed not unavailable, §24-9-923. Character of witness. Cross-examination. Inquiry as to specific instances of conduct, §24-4-405. Evidence of, §24-4-404.
WITNESSES - Cont’d Character of witness - Cont’d Truthfulness or untruthfulness. Conviction of crime used to attack character of truthfulness, §24-6-609. Reputation or opinion evidence to support or attack credibility, §24-6-608. Child witness. Child victim of or witness to crime. Competency to testify, credibility, determination, §24-6-603. Dependency proceedings. Competency to testify, credibility, determination, §24-6-603. Depositions. Criminal proceedings, §24-13-131. Sexual conduct or physical abuse. Testimony as to child’s description, §24-8-820. Termination of parental rights. Competency to testify, credibility, determination, §24-6-603. Competency to be witness, §24-6-601. Bills for medical expenses. Competent witness to identify, §24-9-921. Child victim of or witness to crime, §24-6-603. Dependency proceedings. Child witnesses, §24-6-603. Husband and wife in criminal proceedings, §24-5-503. Judge presiding at trial. Not to testify, no objection to preserve issue, §24-6-605. Jurors. Testifying at trial in which juror sitting. Prohibition, opportunity to object, §24-6-606. Validity of indictment or verdict. Inquiry into, prohibited testimony, exception, §24-6-606. Personal knowledge. Evidence sufficient to support finding. Required to testify, §24-6-602. Termination of parental rights. Child witnesses, §24-6-603. Contempt. Immunity from prosecution. Court order requiring testimony or production of evidence. Refusal to testify, §24-5-507.
INDEX WITNESSES - Cont’d Contents of writings, recordings or photographs. Proving by testimony or deposition, §24-10-1007. Conviction of crime. Used to attack truthfulness of character, §24-6-609. Court calling witness, §24-6-614. Objections to, §24-6-614. Credibility. Any party may attack, §24-6-607. Conviction of crime used to attack truthfulness, §24-6-609. Determined by trier of fact, §24-6-620. Hearsay statement admitted. Declarant’s credibility, §24-8-806. Instructions as to. Required in cases tried by jury, §24-6-620. Opinion or reputation evidence. Attacking or supporting credibility, limitations, §24-6-608. Party calling witness may attack credibility, §24-6-607. Prior consistent statements. Rebutting attack on credibility, §24-6-613. Religious beliefs or opinions. Not admissible to prove credibility impaired or enhanced, §24-6-610. Criminal proceedings. Accused testifying upon preliminary matter. Cross-examination on other issues in proceedings. Prohibited. Rules of evidence, §24-1-104. Accused wishing to testify, §24-5-506. Attendance. Prisoners, §§24-13-60 to 24-13-62. Subpoenas, §§24-13-20 to 24-13-29. Child witnesses. Competency of child victim or witness to testify, credibility, determination, §24-6-603. Competency to be witness. Husband and wife in criminal proceedings, §24-5-503. Conviction of crime. Impeachment by, §24-6-609.
WITNESSES - Cont’d Criminal proceedings - Cont’d Depositions, preservation of testimony, §§24-13-130 to 24-13-139. Expert witnesses. Mental state or condition of accused constituting element of crime charged or defense. Opinion or inference prohibited, §24-7-704. Ultimate issue to be decided by trier of fact, §24-7-704. Failure of accused to testify. No presumption, no comment, §24-5-506. Habeas corpus ad testificandum. Prisoners needed as witness or to stand trial. Issuance to cause production, §24-13-62. Prisoner under death penalty requested as witness, §24-13-60. Immunity from prosecution. Court order requiring testimony or production of evidence, §24-5-507. Mental state or condition of accused constituting element of crime charged or defense. Expert witnesses. Opinion or inference prohibited, §24-7-704. Prisoners needed as witness or to stand trial, §§24-13-60 to Securing attendance of witness from without state, §§24-13-93, Privilege against self-incrimination. Accused, §24-5-506. Immunity from prosecution. Court order requiring testimony or production of evidence, §24-5-507. Party or witness, §24-5-505. Privileged communications generally, §§24-5-501 to 24-5-510. Securing attendance of witnesses from without state, §§24-13-90 to Uniform act to secure the attendance of witnesses from without state, §§24-13-90 to 24-13-97.
INDEX WITNESSES - Cont’d Cross-examination. Accused testifying upon preliminary matter. Other issues in proceedings, prohibited. Rules of evidence, §24-1-104. Bills for medical expenses. Witness identifying, §24-9-921. Court called witness, §24-6-614. Evidence of character or trait of character. Inquiry as to specific instances of conduct, §24-4-405. Generally, §24-6-611. Hearsay statement admitted. Declarant of statement, §24-8-806. Medical report in narrative form. Person signing, §24-8-826. Refreshing recollection. Writing used while or before testifying, §24-6-612. Right, §24-6-611. Several parties with distinct interests, §24-6-611. Deaf and hearing impaired persons. Interpreters, §§24-6-650 to 24-6-658. Dependency proceedings. Child witnesses. Competency to testify, credibility, determination, §24-6-603. Depositions. Criminal proceedings, preservation of testimony, §§24-13-130 to Interstate depositions and discovery act, §§24-13-110 to 24-13-116. Evidence. Generally, §§24-1-1 to 24-14-47. Examination. Conviction of crime. Used to attack truthfulness, §24-6-609. Court interrogating witness, §24-6-614. Objections to, §24-6-614. Court to control interrogation, §24-6-611. Credibility. Any party may attack, §24-6-607. Conviction of crime. Used to attack truthfulness, §24-6-609. Determined by trier of fact, §24-6-620.
WITNESSES - Cont’d Examination - Cont’d Credibility - Cont’d Opinion or reputation evidence. Attacking or supporting credibility, limitations, §24-6-608. Party calling witness may attack, §24-6-607. Religious beliefs or opinions. Not admissible to prove credibility impaired or enhanced, §24-6-610. Cross-examination. Accused testifying upon preliminary matter. Other issues in proceedings, prohibited, §24-1-104. Bills for medical expenses. Witness identifying, §24-9-921. Court called witness, §24-6-614. Evidence of character or trait of character. Inquiry as to specific instances of conduct, §24-4-405. Generally, §24-6-611. Leading questions, §24-6-611. Medical report in narrative form. Person signing, §24-8-826. Refreshing recollection. Writing used while or before testifying, §24-6-612. Right, §24-6-611. Several parties with distinct interests, §24-6-611. Feelings towards and relationship to parties. Permitted to be proved for consideration of jury, §24-6-622. Harsh or insulting demeanor. Protection from, right, §24-6-623. Hearsay statement admitted. Declarant of statement, §24-8-806. Hostile witnesses. Leading questions, §24-6-611. Impeachment. Any party may attack credibility, §24-6-607. Contradiction, §24-6-621. Conviction of crime used to attack truthfulness, §24-6-609. Credibility determined by trier of fact, §24-6-620. Disproving facts testified to by witness, §24-6-621.
INDEX WITNESSES - Cont’d Examination - Cont’d Impeachment - Cont’d Instructions as to credibility. Required in cases tried by jury, §24-6-620. Opinion or reputation evidence. Attacking or supporting credibility, limitations, §24-6-608. Party calling witness may attack credibility, §24-6-607. Prior consistent statements. Rebutting attack on credibility, §24-6-613. Religious beliefs or opinions. Not admissible to prove credibility impaired or enhanced, §24-6-610. Remedial measures. Offered for impeachment purposes, §24-4-407. Improper questions. Protection from, right, §24-6-623. Leading questions, §24-6-611. Prior statements, §24-6-613. Prior consistent statements. Rebutting charge of recent fabrication, improper influence or motive, §24-6-613. Rehabilitating witness, admissibility, §24-6-613. Prior inconsistent statements. Extrinsic evidence of, admissibility, §24-6-613. Refreshing recollection. Writing used while or before testifying, §24-6-612. Relevant matters. Examined only as to, right, §24-6-623. Religious beliefs or opinions. Not admissible to prove credibility impaired or enhanced, §24-6-610. Treatment generally, §24-6-623. Exclusion of witnesses. Request by party, authority of court to order, exceptions, §24-6-615. Expert witnesses, §§24-7-701 to Affidavit as to qualifications, §24-7-702. Bases of testimony, §24-7-703. Conditions for testifying in form of opinion, §24-7-702.
WITNESSES - Cont’d Expert witnesses - Cont’d Court appointed experts. Procedure for appointing, compensation, presentation of testimony, §24-7-706. Courts of state not open to evidence not admissible in other states, §24-7-702. Facts or data upon which opinion or inference based, §24-7-703. Medical experts, §24-7-702. Mental state or condition of accused constituting element of crime charged or defense. Opinion or inference prohibited, §24-7-704. Otherwise inadmissible facts and data. Opinion or inference based on, §24-7-703. Pretrial hearing as to qualifications, §24-7-702. Professional malpractice actions. Admissibility of opinion, requirements, §24-7-702. Testimony given on facts proved by other witness, §24-7-702. Ultimate issue to be decided by trier of fact. Testimony not objectionable, §24-7-704. Underlying facts or data. Giving opinion without first testifying to, §24-7-705. Workers’ compensation and administrative proceedings. Provisions not strictly applied, §24-7-702. False imprisonment. Privilege from arrest on civil process. Liability of officer holding witness, §24-13-1. Feelings towards and relationship to parties. Permitted to be proved for consideration of jury, §24-6-622. Fees. Absent from proceeding. No fees, §24-13-3. Apportionment among parties, §24-13-3. Both parties in same proceeding. Receipt prohibited, §24-13-3. Continuance. Claim or receipt prohibited, §24-13-2.
INDEX WITNESSES - Cont’d Fees - Cont’d Continuance - Cont’d Due to witness’ absence. No fees, §24-13-3. Date witness attended. Indicated on claim for fees, §24-13-2. Double fee prohibited, §24-13-3. Excessive claim, §24-13-4. Forfeiture. Causing continuance, absence from trial, §24-13-3. Unjustly claimed fees, §24-13-4. Law enforcement officers required to attend as witness, §24-13-28. Procedure for claiming, §24-13-2. Securing attendance of witnesses from without state. Mileage and travel expenses to witness, §24-13-92. Witness summoned to testify in Georgia court, §24-13-94. Subpoenas. Witness fees and mileage, amount, tender, §24-13-25. Unjustly claimed fees, §24-13-4. General assembly members. Compelling to attend court and give testimony during general assembly session. Prohibition, §24-13-29. Habeas corpus ad testificandum. Prisoners needed as witness or to stand trial. Issuance to cause production, §24-13-62. Prisoner under death penalty requested as witness, §24-13-60. Hearsay statement admitted. Declarant called as witness, §24-8-806. Hostile witnesses. Leading questions, §24-6-611. Immunity from prosecution. Court order requiring testimony or production of evidence, §24-5-507. Perjury, false swearing, contempt in testifying or not testifying. Prosecution or subject to penalty or forfeiture for, §24-5-507. Refusal to testify after grant of immunity. Contempt, §24-5-507. Impeachment. Any party may attack credibility, §24-6-607.
WITNESSES - Cont’d Impeachment - Cont’d Contradiction, §24-6-621. Conviction of crime used to attack truthfulness, §24-6-609. Credibility determined by trier of fact, §24-6-620. Disproving facts testified to by witness, §24-6-621. Hearsay statement admitted. Declarant’s credibility, §24-8-806. Instructions as to credibility. Required in cases tried by jury, §24-6-620. Opinion or reputation evidence. Attacking or supporting credibility, limitations, §24-6-608. Party calling witness may attack credibility, §24-6-607. Prior consistent statements. Rebutting attack on credibility, §24-6-613. Religious beliefs or opinions. Not admissible to prove credibility impaired or enhanced, §24-6-610. Remedial measures. Offered for impeachment purposes, §24-4-407. Interpreters. Deaf and hearing impaired persons. Generally, §§24-6-650 to 24-6-658. Law governing, §24-6-604. Oath or affirmation, §24-6-604. Interstate depositions and discovery act. Witness appearance and testimony compelled by subpoena, §24-13-113. Journalists. Qualified privileged. Disclosure of information obtained in gathering news, §24-5-508. Judges. Presiding judge not to testify, no objection to preserve issue, §24-6-605. Jurors. Testifying at trial in which juror sitting. Prohibition, opportunity to object, §24-6-606. Validity of indictment or verdict. Inquiry into, prohibited testimony, exception, §24-6-606.
INDEX WITNESSES - Cont’d Law enforcement officers. Witness fees. Officer required to attend court as witness, §24-13-28. Leading questions, §24-6-611. Legislators’ exemption. Compelling to attend court and give testimony during general assembly session. Prohibition, §24-13-29. Medical report in narrative form. Cross-examination of person signing, §24-8-826. Minors. Criminal cases. Competency of child victim or witness to testify, credibility, determination, §24-6-603. Depositions, §24-13-131. Sexual conduct or physical abuse. Testimony as to child’s description, §24-8-820. Dependency proceedings. Competency of child witness to testify, credibility, determination, §24-6-603. Termination of parental rights. Competency of child witness to testify, credibility, determination, §24-6-603. News media. Qualified privileged. Disclosure of information obtained in gathering news, §24-5-508. Oaths, §24-6-603. Perpetuation of testimony, §§24-13-150 to 24-13-154. All parties not ascertained or reached. Proceeding not denied, §24-13-152. Cost of proceedings, §24-13-154. Depositions to preserve testimony in criminal proceedings, §§24-13-130 to 24-13-139. Possession of property immaterial, §24-13-152. Reason why usual proceeding inadequate. Showing necessary, §24-13-151. Use of testimony taken, §24-13-153. When allowed, §24-13-150. Personal knowledge. Evidence sufficient to support finding. Required to testify, §24-6-602.
WITNESSES - Cont’d Prior statements, §24-6-613. Prior consistent statements. Rebutting charge of recent fabrication, improper influence or motive, §24-6-613. Rehabilitating witness, admissibility, §24-6-613. Prior inconsistent statements. Extrinsic evidence of, admissibility, §24-6-613. Prisoners. Needed as witness or to stand trial. Delivery of prisoner to sheriff of county where prisoner desired. Cost and expenses of transporting and keeping, §24-13-60. Ex parte order directed to commissioner of corrections, §24-13-60. Habeas corpus ad testificandum. Issuance to cause production, §24-13-62. Prisoner under death penalty requested as witness, §24-13-60. Judge’s order requiring production. Issuance to officer having custody of prisoner, §24-13-61. Prisoner under death sentence. Interview of witness by requesting party, §24-13-60. Motion for writ of habeas corpus ad testificandum by requesting party, §24-13-60. Securing attendance of witness from without state, §24-13-93. Privileged communications, §§24-5-501 to 24-5-510. Qualifications to be witness. Preliminary question, determining. Rules of evidence, §24-1-104. Refreshing recollection. Writing used while or before testifying, §24-6-612. Religious beliefs or opinions. Not admissible to prove credibility impaired or enhanced, §24-6-610. Securing attendance of witnesses from without state, §§24-13-90 to Applicable to state enacting reciprocal powers, §24-13-97.
INDEX WITNESSES - Cont’d Securing attendance of witnesses from without state - Cont’d Arrest or service of process. Privilege from. Witnesses coming into state or passing through state in obedience to summons, §24-13-96. Certification by judge of court of record in any state, §24-13-92. Prisoner material and necessary witness, §24-13-93. Certification by judge of court of record in Georgia, §24-13-94. Prison material witness and necessary, §24-13-95. Construction of article, §24-13-97. Contempt, fine, imprisonment. Failure to attend and testify, §24-13-92. Witness summoned to testify in Georgia court, §24-13-94. Death sentence, prisoners under. Inapplicability, §24-13-93. Definitions, §24-13-91. Failure of witness to attend and testify, §24-13-92. Witness summoned to testify in Georgia court, §24-13-94. Hearing to determine witness material and necessary, §24-13-92. Prisoner material and necessary witness, §24-13-93. Insane or mentally ill prisoners. Inapplicability, §24-13-93. Mileage and travel expenses of witness, §24-13-92. Witness summoned to testify in Georgia court, §24-13-94. Order directing witness to attend and testify. Prisoner, §§24-13-93, 24-13-95. Ordering custody of witness and delivery to officer of requesting state. In lieu of issuing subpoena or summons, §24-13-92. Prisoners, §§24-13-93, 24-13-95. Requesting state to come to Georgia penal institution to accept custody and transport prisoner. Court ordering, §24-13-93.
WITNESSES - Cont’d Securing attendance of witnesses from without state - Cont’d Return of witness at conclusion of testimony, §24-13-93. Summons directing witness to attend and testify, §24-13-92. In Georgia, §24-13-94. Uniform act to secure attendance of witnesses from without state. Title of act, §24-13-90. Self-incrimination. Privilege against. Accused, §24-5-506. Immunity from prosecution. Court order requiring person to testify or produce evidence, §24-5-507. Party or witness, §24-5-505. Service. Privilege from service of process. Uniform act to secure attendance of witnesses from without state, §24-13-96. Subpoenas. General provisions, §§24-13-20 to Subscribing witness’ testimony. When necessary to authenticate writing, §24-9-903. Treatment during examination, §24-6-623. Truthfulness or untruthfulness. Conviction of crime used to attack truthfulness, §24-6-609. Reputation or opinion evidence to support or attack credibility, §24-6-607. Uniform interstate depositions and discovery act. Witness appearance and testimony compelled by subpoena, §24-13-113. Writing used to refresh witness’ recollection. Admissibility of writing, §24-6-612. WRONGFUL DEATH. Computing value of life. Evidence, §24-14-45. Damages. Evidence. Computing value of life, §24-14-45. Evidence. Computing value of life, §24-14-45.
INDEX WRONGFUL DEATH - Cont’d Mortality tables. Evidence. Computing value of life. Commissioners 1958 Standard Ordinary Mortality table or Annuity Mortality Table for 1949, Ultimate, §24-14-45.
WRONGFUL DEATH - Cont’d Value of life. Evidence. Computing, §24-14-45.