2018 Georgia Code Annotated

TITLE 24 EVIDENCE

Chap.

• 1. General Provisions, 24-1-1 through 24-1-106.
• 2. Judicial Notice, 24-2-201 through 24-2-221.
• 3. Parol Evidence, 24-3-1 through 24-3-10.
• 4. Relevant Evidence and its Limits, 24-4-401 through 24-4-418.
• 5. Privileges, 24-5-501 through 24-5-509.
• 6. Witnesses, 24-6-601 through 24-6-658.
• 7. Opinions and Expert Testimony, 24-7-701 through 24-7-707.
• 8. Hearsay, 24-8-801 through 24-8-826.
• 9. Authentication and Identification, 24-9-901 through 24-9-924.
• 10. Best Evidence Rule, 24-10-1001 through 24-10-1008.
• 11. Establishment of Lost Records, 24-11-1 through 24-11-29.
• 12. Medical and Other Confidential Information, 24-12-1 through 24-12-31.
• 13. Securing Attendance of Witnesses and Production and Preservation of Evidence, 24-13-1 through 24-13-154.
• 14. Proof Generally, 24-14-1 through 24-14-47.

Chapter 1. General Provisions, 24-1-1 through 24-1-106.

Article 1 Purpose and Applicability of Rules of Evidence.

• 24-1-1. Purpose and construction of the rules of evidence.
• 24-1-2. Applicability of the rules of evidence.

Article 2 General Evidentiary Matters.

• 24-1-101. Reserved.
• 24-1-102. Reserved.
• 24-1-103. Rulings on evidence.
• 24-1-104. Preliminary questions.
• 24-1-105. Limited admissibility.
• 24-1-106. Introduction of remaining portions of writings or recorded statements.

Chapter 2. Judicial Notice, 24-2-201 through 24-2-221.

Article 1 Adjudicative Facts.

• 24-2-201. Judicial notice of adjudicative facts.

Article 2 Legislative Facts; Ordinances or Resolutions.

• 24-2-220. Judicial notice of legislative facts.
• 24-2-221. Judicial notice of ordinance or resolution.

Chapter 3. Parol Evidence, 24-3-1 through 24-3-10.

• 24-3-1. Parol evidence contradicting writing inadmissible generally.
• 24-3-2. Proof of unwritten portions of contract admissible where not inconsistent.
• 24-3-3. Contemporaneous writings explaining each other; parol evidence explaining ambiguities.
• 24-3-4. Circumstances surrounding execution of contracts.
• 24-3-5. Known usage.
• 24-3-6. Rebuttal of equity; discharge of contract; proof of subsequent agreement; change of time or place of performance.
• 24-3-7. Proof of mistake in deed or written contract.
• 24-3-8. Original or subsequent voidness of writing.
• 24-3-9. Explanation or denial of receipts.
• 24-3-10. Explanation of blank endorsements.

Chapter 4. Relevant Evidence and its Limits, 24-4-401 through 24-4-418.

• 24-4-401. "Relevant evidence" defined.
• 24-4-402. Relevant evidence generally admissible; irrelevant evidence not admissible.
• 24-4-403. Exclusion of relevant evidence on the grounds of prejudice, confusion, or waste of time.
• 24-4-404. Character evidence not admissible to prove conduct; exceptions; other crimes.
• 24-4-405. Methods of proving character.
• 24-4-406. Habit; routine practice.
• 24-4-407. Subsequent remedial measures.
• 24-4-408. Compromises and offers to compromise.
• 24-4-409. Payment of medical and similar expenses.
• 24-4-410. Inadmissibility of pleas, plea discussions, and related statements.
• 24-4-411. Liability insurance.
• 24-4-412. Complainant's past sexual behavior not admissible in prosecutions for certain sexual offenses; exceptions.
• 24-4-413. Evidence of similar transaction crimes in sexual assault cases.
• 24-4-414. Evidence of similar transaction crimes in child molestation cases.
• 24-4-415. Evidence of similar acts in civil or administrative proceedings concerning sexual assault or child molestation.
• 24-4-416. Statements of sympathy in medical malpractice cases.
• 24-4-417. Evidence of similar acts in prosecutions for violations of Code Section 40-6-391.
• 24-4-418. Admissibility of criminal gang activity, disclosure.

Chapter 5. Privileges, 24-5-501 through 24-5-509.

• 24-5-501. Certain communications privileged.
• 24-5-502. Communications to clergyman privileged.
• 24-5-503. Husband and wife as witnesses for and against each other in criminal proceedings.
• 24-5-504. Law enforcement officers testifying; home address.
• 24-5-505. Party or witness privilege.
• 24-5-506. Privilege against self-incrimination; testimony of accused in criminal case.
• 24-5-507. Grant of immunity; contempt.
• 24-5-508. Qualified privilege for news gathering or dissemination.
• 24-5-509. Communications between victim of family violence or sexual assault and agents providing services to such victim; termination of privilege.
• 24-5-510. (For effective date, see note.) Privileged communications between law enforcement officers and peer counselors.

Chapter 6. Witnesses, 24-6-601 through 24-6-658.

Article 1 General Provisions.

• 24-6-601. General rule of competency.
• 24-6-602. Lack of personal knowledge.
• 24-6-603. Oath or affirmation.
• 24-6-604. Interpreters.
• 24-6-605. Judge as witness.
• 24-6-606. Juror as witness.
• 24-6-607. Who may impeach.
• 24-6-608. Evidence of character and conduct of witness.
• 24-6-609. Impeachment by evidence of conviction of a crime.
• 24-6-610. Religious beliefs or opinions.
• 24-6-611. Mode and order of witness interrogation and presentation.
• 24-6-612. Writing used to refresh memory.
• 24-6-613. Prior statements of witnesses.
• 24-6-614. Calling and interrogation of witnesses by court.
• 24-6-615. Exclusion of witnesses.
• 24-6-616. Presence in courtroom of victim of criminal offense.

Article 2 Credibility.

• 24-6-620. Credibility a jury question.
• 24-6-621. Impeachment by contradiction.
• 24-6-622. Witness's feelings and relationship to parties provable.
• 24-6-623. Treatment of witness.

Article 3 Use of Sign Language and Intermediary Interpreter in Administrative and Judicial Proceedings.

• 24-6-650. State policy on hearing impaired persons.
• 24-6-651. Definitions.
• 24-6-652. Appointment of interpreters for hearing impaired persons interested in or witness at agency proceedings.
• 24-6-653. Procedure for interrogation and taking of statements from hearing impaired persons arrested for violation of criminal laws.
• 24-6-654. Indigent hearing impaired defendants to be provided with interpreters.
• 24-6-655. Waiver of right to interpreter.
• 24-6-656. Replacement of interpreters unable to communicate accurately with hearing impaired persons; appointment of intermediary interpreters.
• 24-6-657. Oath of interpreters; privileged communications; taping and filming of hearing impaired persons' testimony.
• 24-6-658. Compensation of interpreters.

Chapter 7. Opinions and Expert Testimony, 24-7-701 through 24-7-707.

• 24-7-701. Lay witness opinion testimony.
• 24-7-702. Expert opinion testimony in civil actions; medical experts; pretrial hearings; precedential value of federal law.
• 24-7-703. Bases of expert opinion testimony.
• 24-7-704. Ultimate issue opinion.
• 24-7-705. Disclosure of facts or data underlying expert opinion.
• 24-7-706. Court appointed experts.
• 24-7-707. Expert opinion testimony in criminal proceedings.

Chapter 8. Hearsay, 24-8-801 through 24-8-826.

Article 1 General Provisions.

• 24-8-801. Definitions.
• 24-8-802. Hearsay rule.
• 24-8-803. Hearsay rule exceptions; availability of declarant immaterial.
• 24-8-804. Hearsay rule exceptions; declarant unavailable.
• 24-8-805. Hearsay within hearsay.
• 24-8-806. Attacking and supporting credibility of a declarant.
• 24-8-807. Residual exception.

Article 2 Admissions and Confessions.

• 24-8-820. Testimony as to child's description of sexual contact or physical abuse.
• 24-8-821. Admissions in pleadings.
• 24-8-822. Right to have whole conversation heard.
• 24-8-823. Admissions and confessions received with care; no conviction on uncorroborated confession.
• 24-8-824. Only voluntary confessions admissible.
• 24-8-825. Confessions under spiritual exhortation, promise of secrecy, or collateral benefit admissible.
• 24-8-826. Medical reports in narrative form.

Chapter 9. Authentication and Identification, 24-9-901 through 24-9-924.

Article 1 General Provisions.

• 24-9-901. Requirement of authentication or identification.
• 24-9-902. Self-authentication.
• 24-9-903. Subscribing witness's testimony.
• 24-9-904. Definitions.

Article 2 Specific Types of Records and Evidence.

• 24-9-920. Authentication of Georgia state and county records.
• 24-9-921. Identification of medical bills; expert witness unnecessary.
• 24-9-922. Proof of laws, records, nonjudicial records, or books of other states, territories, or possessions; full faith and credit.
• 24-9-923. Authentication of photographs, motion pictures, video recordings, and audio recordings when witness unavailable.
• 24-9-924. Admissibility of records of Department of Driver Services; admissibility of computer transmitted records.

Chapter 10. Best Evidence Rule, 24-10-1001 through 24-10-1008.

• 24-10-1001. Definitions.
• 24-10-1002. Requirement of original.
• 24-10-1003. Admissibility of duplicates.
• 24-10-1004. Admissibility of other evidence of contents of a writing, recording, or photograph.
• 24-10-1005. Public records.
• 24-10-1006. Summaries.
• 24-10-1007. Testimony or written admission of party.
• 24-10-1008. Functions of court and jury.

Chapter 11. Establishment of Lost Records, 24-11-1 through 24-11-29.

Article 1 Public Records.

• 24-11-1. Definitions.
• 24-11-2. Establishment of lost records.
• 24-11-3. Appointment of auditor; hearing; establishment of duplicates.

Article 2 Private Papers.

• 24-11-20. Establishment of lost office papers.
• 24-11-21. Summary establishment of lost or destroyed evidence of indebtedness in probate court - Petition; service of notice; hearing and decision; recordation; appeal to superior court.
• 24-11-22. Summary establishment of lost or destroyed evidence of indebtedness in probate court - Service of nonresidents; effect.
• 24-11-23. Establishment of lost or destroyed paper in superior court - Petition and affidavit; issuance and service of rule nisi.
• 24-11-24. Establishment of lost or destroyed paper in superior court - When continuance granted.
• 24-11-25. Establishment of lost or destroyed paper.
• 24-11-26. Establishment of lost or destroyed paper - Furnishing of certified endorsement of copy.
• 24-11-27. Procedure as to action on lost or destroyed note, bill, bond, or other instrument.
• 24-11-28. Joinder of additional party defendants in proceedings to establish lost or destroyed papers.
• 24-11-29. Applicability of article.

Chapter 12. Medical and Other Confidential Information, 24-12-1 through 24-12-31.

Article 1 Release of Medical Information and Confidentiality of Raw Research Data.

• 24-12-1. When medical information may be released by physician, hospital, health care facility, or pharmacist; immunity from liability; waiver of privilege; psychiatrists and hospitals excepted.
• 24-12-2. Confidentiality of raw research data.

Article 2 Confidentiality of Medical Information.

• 24-12-10. Definitions.
• 24-12-11. Disclosure of medical records - Effect on confidential or privileged character thereof.
• 24-12-12. Disclosure of medical records - Use of medical matter disclosed.
• 24-12-13. Disclosure of medical records - Immunity from liability.
• 24-12-14. Disclosure of medical records - Use for educational purposes not precluded.

Article 3 AIDS Information.

• 24-12-20. Confidential nature of AIDS information.
• 24-12-21. Disclosure of AIDS confidential information.

Article 4 Other Confidential Information.

• 24-12-30. Confidential nature of certain library records.
• 24-12-31. Confidential nature of veterinarian records; disclosure of rabies vaccination record.

Chapter 13. Securing Attendance of Witnesses and Production and Preservation of Evidence, 24-13-1 through 24-13-154.

Article 1 General Provisions.

• 24-13-1. Freedom of witnesses from arrest.
• 24-13-2. Procedure for claiming witness fees.
• 24-13-3. Witness fee exceptions.
• 24-13-4. Penalty for excessive witness fee claim.
• 24-13-5. Production of evidence when item not available; oath.
• 24-13-6. Procedure when adverse party dissatisfied with response pursuant to Code Section 24-13-5.
• 24-13-7. Withdrawal of originals introduced in evidence; substitution of copies; discretion of court.

Article 2 Subpoenas and Notice to Produce.

• 24-13-20. Applicability.
• 24-13-21. Subpoena for attendance of witnesses - Form; issuance; subpoena in blank.
• 24-13-22. Subpoena for attendance of witnesses - Attendance at hearing or trial; where served.
• 24-13-23. Subpoena for production of documentary evidence; motion to quash or modify.
• 24-13-24. Service of subpoenas.
• 24-13-25. Fees and mileage; when tender required.
• 24-13-26. Enforcement of subpoenas; continuance; secondary evidence of books, papers, or documents.
• 24-13-27. Notice to produce.
• 24-13-28. Witness fees for law enforcement officers.
• 24-13-29. Legislators' exemption.

Article 3 Securing Attendance of Prisoners.

• 24-13-60. Order requiring prisoner's delivery to serve as witness or criminal defendant generally; expenses; prisoner under death sentence as witness.
• 24-13-61. Issuance of order requiring prisoner's delivery to serve as witness in superior court.
• 24-13-62. Issuance of writ of habeas corpus requiring prisoner's delivery to serve as witness in superior court.

Article 4 Uniform Act to Secure the Attendance of Witnesses from Without the State.

• 24-13-90. Short title.
• 24-13-91. Definitions.
• 24-13-92. Criminal or grand jury proceeding in foreign state - Certificate of need for testimony; expenses; punishment.
• 24-13-93. Criminal or grand jury proceeding in foreign state - Certificate of need for prisoner's testimony; order by judge in requesting state; applicability.
• 24-13-94. Criminal or grand jury proceeding in this state - Issuance of certificate; how long witness detained; punishment.
• 24-13-95. Criminal or grand jury proceeding in this state - Issuance of certificate seeking testimony of prisoner; notice to attorney general; order of compliance.
• 24-13-96. Exemption of witnesses from arrest and service of process.
• 24-13-97. Construction.

Article 5 Uniform Interstate Depositions and Discovery Act.

• 24-13-110. Short title.
• 24-13-111. Definitions.
• 24-13-112. Requirements for issuance of foreign subpoenas; application.
• 24-13-113. Compelling foreign witness to appear and testify.
• 24-13-114. Service of foreign subpoena.
• 24-13-115. Applicability of Article 2 to certain provisions of this article.
• 24-13-116. Protective order or enforcement, quashing, or modification of foreign subpoena.

Article 6 Depositions to Preserve Testimony in Criminal Proceedings.

• 24-13-130. When deposition to preserve testimony in criminal proceedings may be taken.
• 24-13-131. Notice of deposition; presence of defendant at examination; child witness.
• 24-13-132. Appointment of counsel; payment of costs and expenses.
• 24-13-133. Manner of taking and filing deposition.
• 24-13-134. Availability to state and defendant of deponent's previous statements.
• 24-13-135. Admissibility and use of deposition.
• 24-13-136. Objections to admission of deposition.
• 24-13-137. Recordation of deposition.
• 24-13-138. Agreement of parties to deposition.
• 24-13-139. Depositions taken only in exceptional circumstances; misuse of procedures.

Article 7 Perpetuation of Testimony.

• 24-13-150. When proceedings to perpetuate testimony may be had.
• 24-13-151. Inadequacy of usual proceeding to be shown.
• 24-13-152. Materiality of possession of property; of availability of parties in interest.
• 24-13-153. Use of testimony.
• 24-13-154. Costs of proceedings.

Chapter 14. Proof Generally, 24-14-1 through 24-14-47.

Article 1 General Provisions.

• 24-14-1. On whom burden of proof lies.
• 24-14-2. Change of burden in discretion of court.
• 24-14-3. Amount of mental conviction required; preponderance of evidence in civil cases.
• 24-14-4. Determining where preponderance of evidence lies.
• 24-14-5. Reasonable doubt in criminal cases.
• 24-14-6. When conviction may be had on circumstantial evidence.
• 24-14-7. Positive testimony preferred over negative; exception.
• 24-14-8. Number of witnesses required generally; exceptions; effect of corroboration.
• 24-14-9. Inferences from evidence or lack thereof.

Article 2 Presumptions and Estoppel.

• 24-14-20. Presumptions of law and of fact distinguished.
• 24-14-21. Rebuttable presumptions of law.
• 24-14-22. Presumption from failure to produce evidence.
• 24-14-23. Presumption from failure to answer business letter.
• 24-14-24. Presumption of occupancy of railroad right of way.
• 24-14-25. Presumption of payment of check.
• 24-14-26. Estoppels defined; enumeration generally.
• 24-14-27. Estoppel relating to real estate.
• 24-14-28. Trustees estopped to set up title adverse to trust.
• 24-14-29. Equitable estoppel.

Article 3 Particular Matters of Proof.

• 24-14-40. Evidence of identity; burden in civil proceedings.
• 24-14-41. Proof of de facto officer.
• 24-14-42. Judgment admissible; effect.
• 24-14-43. Calendars as proof of dates.
• 24-14-44. American Experience Mortality Tables.
• 24-14-45. Other mortality tables.
• 24-14-46. United States Department of Agriculture inspection certificates prima-facie evidence.
• 24-14-47. Proof that person is dead or missing as evidence.

AMERICAN EXPERIENCE MORTALITY TABLE

THE COMMISSIONERS 1958 STANDARD ORDINARY MORTALITY TABLE

ANNUITY MORTALITY TABLE FOR 1949, ULTIMATE