Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448In all cases where exceptions of fact are submitted to the jury, the same shall be determined upon the testimony reported by the auditor. Only so much of the evidence as is material and pertinent to the issue then on trial shall be read to the jury. Admissible material evidence introduced and not reported and evidence improperly excluded shall also be submitted to the jury and all inadmissible evidence shall be excluded from their consideration.
(Ga. L. 1894, p. 123, §§ 18, 20; Civil Code 1895, §§ 4598, 4600; Civil Code 1910, §§ 5144, 5146; Code 1933, §§ 10-404, 10-406.)
- Under O.C.G.A. § 9-7-18 "only so much of the evidence reported as is material and pertinent to the issue then on trial" need go to the jury. Carmichael v. Carmichael, 248 Ga. 216, 282 S.E.2d 71 (1981).
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