GA Code § 24-6-611 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 6 - Witnesses|Article 1 - General Provisions|§ 24-6-611. Mode and Order of Witness Interrogation and Presentation

  The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to:   Make the interrogation and presentation effective for the ascertainment of the truth;   Avoid needless consumption of time; and   Protect witnesses from harassment or undue embarrassment.     A witness may be cross-examined on any matter relevant to any issue in the proceeding. The right of a thorough and sifting cross-examination shall belong to every party as to the witnesses called against the party. If several parties to the same proceeding have distinct interests, each party may exercise the right to cross-examination.   Leading questions shall not be used on the direct examination of a witness except as may be necessary to develop the witness's testimony. Ordinarily leading questions shall be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.     (Code 1981, §24-6-611, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   Cross references.   - Cross-examination of defendant at pretrial proceedings, § 17-7-28.    Privilege against self-incrimination and testimony of an accused in a criminal case, § 24-5-506.   Mode and order of examining witnesses and presenting evidence, Fed. R. Evid. 611.   Law reviews.   - For article, "The Right of Confrontation: Its History and Modern Dress," see 8 J. of Pub. L. 381 (1959). For article discussing cross-examination techniques, see 16 Ga. St. B.J. 117 (1980). For article, "An Analysis of Georgia's Proposed Rules of Evidence," see 26 Ga. St. B.J. 173 (1990). For annual survey on evidence, see 65 Mercer L. Rev. 125 (2013). For note, "Impeachment of One's Own Witness in Georgia," see 9 Ga. St. B.J. 355 (1973). For note discussing party's right to impeach own witness in light of Wilson v. State, 235 Ga. 470, 219 S.E.2d 756 (1975), see 28 Mercer L. Rev. 389 (1976). For comment on Frady v. State, 212 Ga. 84, 90 S.E.2d 664 (1955), holding that a defendant has the right to cross-examine all witnesses called against him in all material matters, including the past conduct of the prosecutrix in an action for rape, see 19 Ga. B.J. 95 (1956). For comment discussing the use of treatises in cross-examining an expert, in light of Hopkins v. Gromovsky, 198 Va. 389, 94 S.E.2d 190 (1956), see 20 Ga. B.J. 109 (1957). For comment on Bacon v. State, 222 Ga. 151, 149 S.E.2d 111 (1966), see 18 Mercer L. Rev. 506 (1967). For comment on Smith v. State, 225 Ga. 328, 168 S.E.2d 587 (1969) and the right to probe relationship of a witness to a party, see 21 Mercer L. Rev. 347 (1969). For comment on Mullis v. Chaika, 118 Ga. App. 11, 162 S.E.2d 448 (1968), see 5 Ga. St. B.J. 377 (1969). For comment on Smith v. State, 225 Ga. 328, 168 S.E.2d 587 (1969), see 6 Ga. St. B.J. 294 (1970). For comment on Lynn v. State, 231 Ga. 559, 203 S.E.2d 221 (1974), appearing below, see 8 Ga. L. Rev. 973 (1974).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Cross Examination   Right of Cross-Examination   Scope of Cross-Examination   Leading Questions   Relevant Matter   Improper Questions   Harsh or Insulting Demeanor   Principles of Impeachment   Impeachment of Own Witness   Examination of Opposite Party   Examination of Own Witness   Requirements for Appeal    RESEARCH REFERENCES   Am. Jur. 2d.   - 81 Am. Jur. 2d, Witnesses, §§ 447 et seq., 501, 506, 509, 771.   Criminal Law - Need for Disclosure of Identity of Informant, 33 POF2d 549.   C.J.S.   - 32 C.J.S., Evidence, §§ 720, 735 et seq., 750, 757, 760, 769, 770.   ALR.    - Abuse of witness by counsel as ground for new trial or reversal, 4 A.L.R. 414.    Estoppel of party to contradict what he testified to, adversely to his present opponent, in a prior action to which he was not a party, 5 A.L.R. 1505.    Cross-examination of witness called to testify on particular point or under order of court, 7 A.L.R. 1116.    Right of defendant in a criminal case to cross-examine a codefendant who has taken the stand in his own behalf, 33 A.L.R. 826.    Impeaching witness examined by both parties, 54 A.L.R. 1374.    Cross-examination as to sexual morality for purpose of affecting credibility of witness, 65 A.L.R. 410.    Right of defendant in criminal case to cross-examine police officials regarding conduct or practices by them calculated to contribute to delinquency of other persons, 68 A.L.R. 1043.    Right of party surprised by unfavorable testimony of own witness to ask him concerning previous inconsistent statements, 74 A.L.R. 1042.    Assumption by question put to witness of fact in issue, 100 A.L.R. 1067.    Right to cross-examine witness in respect of facts not included in his direct examination, but which negative a prima facie case, presumption, or inference otherwise made by his testimony on direct examination, 108 A.L.R. 167.    Proper practice and relief on development of hostility by party's own witness, 117 A.L.R. 326.    Right to test qualifications of witness to testify as to genuineness of handwriting by cross-examining him as to the genuineness of other handwriting not the subject of his direct examination, 128 A.L.R. 1329.    Motive in bringing action or choosing the forum or venue as proper matter for cross-examination, 157 A.L.R. 604.    May a witness who testifies to facts be impeached by showing of prior inconsistent expressions of opinion by him, 158 A.L.R. 820.    Cross-examination to dispel favorable inference which jury might draw from appearance of witness on witness-stand, 159 A.L.R. 201.   Cross-examination of expert witness as to fees, compensation, and the like, 33 A.L.R.2d 1170.   Federal Civil Procedure Rule 43(b), and similar state rule, relating to the calling and interrogation of adverse party as witness at trial, 35 A.L.R.2d 756.   Cross-examination of witness in criminal case as to whether, and with whom, he has discussed facts of case, 35 A.L.R.2d 1045.   Cross-examination by leading questions of witness friendly to or biased in favor of cross-examiner, 38 A.L.R.2d 952.   Right of a defendant in personal injury or death action to cross-examine codefendant, 43 A.L.R.2d 1000.   Right of counsel representing party at trial, but employed by his liability insurer, to cross-examine or impeach him for asserted contradictory statements, 48 A.L.R.2d 1239.   Party litigant in civil personal injury or death case as bound by conflicting testimony of his own medical witnesses, 53 A.L.R.2d 1229.   Who is "employee" within statute permitting examination, as adverse witness, of employee of party, 56 A.L.R.2d 1108.   Preventing or limiting cross-examination of prosecution's witness as to his motive for testifying, 62 A.L.R.2d 610.   Cross-examination of plaintiff in personal injury action as to his previous injuries, physical condition, claims, or actions, 69 A.L.R.2d 593.   Propriety of hypothetical question to expert witness on cross-examination, 71 A.L.R.2d 6.   Right to elicit expert testimony from adverse party called as witness, 88 A.L.R.2d 1186.   Propriety of cross-examining witness as to illicit relations with defendant in criminal case, 25 A.L.R.3d 537.   Cross-examination of witness as to his mental state or condition, to impeach competency or credibility, 44 A.L.R.3d 1203.   Right, in child custody proceedings, to cross-examine investigating officer whose report is used by court in its decision, 59 A.L.R.3d 1337.   Right to cross-examine witness as to his place of residence, 85 A.L.R.3d 541.   Privilege of witness to refuse to give answers tending to disgrace or degrade him or his family, 88 A.L.R.3d 304.   Right to cross-examine prosecuting witness as to his pending or contemplated civil action against accused for damages arising out of same transaction, 98 A.L.R.3d 1060.   Admissibility and effect, on issue of party's credibility or merits of his case, of evidence of attempts to intimidate or influence witness in civil action, 4 A.L.R.4th 829.   Cross-examination of character witness for accused with reference to particular acts or crimes - modern state rules, 13 A.L.R.4th 796.   Impeachment or cross-examination of prosecuting witness in sexual offense trial by showing that prosecuting witness threatened to make similar charges against other persons, 71 A.L.R.4th 448.   Impeachment or cross-examination of prosecuting witness in sexual offense trial by showing that similar charges were made against other persons, 71 A.L.R.4th 469.   What constitutes crime involving "dishonesty or false statement" under Rule 609(a)(2) of the Uniform Rules of Evidence, 83 A.L.R.5th 277.   Propriety, under Uniform Rule of Evidence 607, of impeachment of party's own witness, 3 A.L.R.6th 269.   Construction and application of provision of Rule 611(b) of federal rules of evidence that cross-examination should be limited to subject matter of direct examination, 93 A.L.R. Fed. 2d 243.