O.C.G.A. § 9-10-6 (2019)

Annotations

Cross references. Corresponding provision relating to criminal procedure, § 17-9-20.

Juror as witness, § 24-6-606. Editor’s notes. Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that this Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013. Law reviews. For article, “Evidence,” see 27 Ga. St. U. L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).

JUDICIAL DECISIONS Jurors should not be instructed that the jurors can act upon their private and personal knowledge of the character of the witnesses who testify in the case on trial, and it is error for the court to instruct the jurors that the jury can consider such character if the jurors know it. Chattanooga, R. & C.R.R. v. Owen, 90 Ga. 265, 15 S.E. 853, 1892 Ga. LEXIS 165 (1892). Error to refuse to charge section when counsel intimates rule contrary to section. - It is error to refuse to charge this section when counsel intimates to the jury that the jury may consider the jurors’ personal knowledge of the plaintiff’s character. Georgia Ry. & Elec. Co. v. Dougherty, 4 Ga. App. 614, 62 S.E. 158, 1908 Ga. App. LEXIS 489 (1908) (see O.C.G.A. § 9-10-6). Jurors may apply to testimony knowledge obtained from viewing property or premises. - Purpose of a view is to aid the jury to better understand the evidence, and this necessarily implies that the jurors may apply to the testimony the knowledge obtained by the jurors in seeing the property or premises involved; the knowledge acquired by jurors in making a view is in one sense

personal, but in another sense it becomes a part of the evidence in that it may be used by the jurors in construing the evidence and finding the truth of the case. Shahan v. AT & T, 72 Ga. App. 749, 35 S.E.2d 5, 1945 Ga. App. LEXIS 689 (1945). Jury limited to consideration of facts as disclosed to the jury during trial. - Phrase “take into consideration all the facts and circumstances of the case as they have transpired here in your presence” does not limit the jury to a consideration only of the facts and circumstances of the case as they happened on the trial of the case, but does properly limit the jury to a consideration of the facts and circumstances of the case as those facts and circumstances were disclosed to the jury on the trial of the case. Sheridan v. Haggard, 95 Ga. App. 792, 99 S.E.2d 163, 1957 Ga. App. LEXIS 920 (1957). Jury is not bound to render verdict in amount testified to by witnesses when there is sufficient data in the evidence upon which the jury may legitimately exercise the jury’s own knowledge and ideas. Fulton County v. Bailey, 107 Ga. App. 512, 130 S.E.2d 800, 1963 Ga. App. LEXIS 894 (1963).

RESEARCH REFERENCES Am. Jur. 2d. 47 Am. Jur. 2d, Jury, § 21 et seq. C.J.S. 50A C.J.S., Juries, § 401. 89 C.J.S., Trial, § 790 et seq. ALR. Right of jury to act upon their own knowledge in determining property values, 104 A.L.R. 1017. Expression of opinion by juror based upon or influenced by his own observation and experience in connection with his trade, business, or profession as ground for reversal or new trial, 156 A.L.R. 1033. Evidentiary effect of view by jury in

condemnation proceedings, 1 A.L.R.3d 1397. Prejudicial effect of unauthorized view by jury in civil case of scene of accident or premises in question, 11 A.L.R.3d 918. Taking of notes by jury, 14 A.L.R.3d 831. Trial jurors as witnesses in same state court or related case, 86 A.L.R.3d 781. Propriety of juror’s tests or experiments in jury room, 31 A.L.R.4th 566. Prejudicial effect of jury’s procurement or use of book during deliberations in civil cases, 31 A.L.R.4th 623. Taking and use of trial notes by jury, 36 A.L.R.5th 255.