O.C.G.A.

O.C.G.A. § 24-6-610 (2019)

Religious beliefs or opinions

✓ 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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Evidence of the beliefs or opinions of a witness on matters of religion shall not be admissible for the purpose of proving that by reason of the nature of the beliefs or opinions the witness’s credibility is impaired or enhanced.

History

Code 1981, § 24-6-610, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Annotations

Cross references. Religious beliefs or opinions, Fed. R. Evid. 610.

Law reviews. For article, “An Analysis of Georgia’s Proposed Rules of Evidence,” see 26 Ga. St. B.J. 173 (1990).

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Civil Code 1910, § 5268 and former Code 1933, § 38-1602 are included in the annotations for this Code section. Belief in supreme being. - Although

desirable, it was not essential to the witness’s competency that the witness believe in a supreme being, or that the witness be aware of God’s existence. Smith v. State, 247 Ga. 511, 277 S.E.2d 53, 1981 Ga. LEXIS 767 (1981) (decided under former Code 1933, § 38-1602).

Individual acts of witness. - It was not competent to take up individual acts of a witness and inquire of the witness as to the significance of such acts when viewed from a religious standpoint. Oth-

erwise, practically every act of a man’s life might be taken up and examined into. Eugee v. State, 159 Ga. 604, 126 S.E. 471, 1925 Ga. LEXIS 32 (1925) (decided under former Civil Code 1910, § 5268).

RESEARCH REFERENCES Am. Jur. 2d. 81 Am. Jur. 2d, Witnesses, § 628. C.J.S. 98 C.J.S. (Rev), Witnesses, § 191 et seq.

ALR. Propriety and prejudicial effect of impeaching witness by reference to religious belief or lack of it, 76 A.L.R.3d 539.