O.C.G.A.
O.C.G.A. § 24-6-605 (2019)
Judge as witness
✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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The judge presiding at the trial shall not testify in that trial as a witness. No objection need be made in order to preserve this issue.
History
Code 1981, § 24-6-605, enacted by Ga. L. 2011, p. 99, § 2/HB 24.
Annotations
Cross references. Judge’s competency as a witness, Fed. R. Evid. 605.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2021–2021 · leading case: Prenita Alimchandani v. a & M Hospitalities, LLC (Ga. Ct. App. 2021).
Prenita Alimchandani v. a & M Hospitalities, LLC (Ga. Ct. App. 2021). “Similarly, the Code of Judicial conduct prohibits a judge from participating in a matter in which he has “personal knowledge of disputed evidentiary facts” or if he has been a witness in the proceedings.”
Orlando Jefferson v. State (Ga. Ct. App. 2021). “In this regard, OCGA § 24-6-602 requires that a witness have personal knowledge of matters to which he or she testifies; § 24-6-603 (a) requires that an adult witness declare that he or she will testify truthfully by an oath or affirmation; § 24-6-605 addresses the…”
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