reglab/housing_qa huggingface dataset:
GA Code § 24-8-805 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 8 - Hearsay|Article 1 - General Provisions|§ 24-8-805. Hearsay Within Hearsay

 Hearsay included within hearsay shall not be excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule.    (Code 1981, §24-8-805, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   Cross references.   - Hearsay within hearsay, Fed. R. Evid. 805.   JUDICIAL DECISIONS   Editor's notes.   - In light of the reenactment of this Title, effective January 1, 2013, the reader is advised to consult the annotations following Code Sections24-8-803 and24-8-804 for notes on hearsay exceptions and their applicability. In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 24-3-1 are included in the annotations for this Code section.   Double hearsay inadmissible in property action.    - Trial court did not err in granting a property owner's motion in limine to exclude evidence that a father of a record title holder's descendant told the descendant that the father told the owner's brother that the brother could not build a house on property because the evidence was double hearsay and inadmissible. DeFoor v. DeFoor, 290 Ga. 540, 722 S.E.2d 697 (2012) (decided under former O.C.G.A. § 24-3-1).    Even if the investigator's report was admissible under the business records exception to the hearsay rule, the summary of the statement of a student was not subject to an exception and, thus, both parts of the hearsay were not covered as required. Tuggle v. Rose, 333 Ga. App. 431, 773 S.E.2d 485 (2015), cert. denied, No. S15C1862, 2015 Ga. LEXIS 813 (Ga. 2015).   Unidentified person reading from unidentified paper inadmissible.    - Following an apartment resident's death due to asthma, allegedly linked to a gas leak in the apartment, testimony from a friend that an unknown person was reading from a paper outside the apartment that the resident had called to report a gas leak was inadmissible hearsay within hearsay. There was no evidence that the paper was a business record of the gas company, such as a logo or trademark on the paper. Goodhart v. Atlanta Gas Light Company, 349 Ga. App. 65, 825 S.E.2d 465 (2019).
GA Code § 24-8-806 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 8 - Hearsay|Article 1 - General Provisions|§ 24-8-806. Attacking and Supporting Credibility of a Declarant

 When a hearsay statement has been admitted in evidence, the credibility of the declarant may be attacked and, if attacked, may be supported by any evidence which would be admissible for those purposes if the declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with the declarant's hearsay statement, shall not be subject to any requirement that the declarant may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party shall be entitled to examine the declarant on the statement as if under cross-examination.    (Code 1981, §24-8-806, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   Cross references.   - Attacking and supporting the declarant's credibility, Fed. R. Evid. 806.   Editor's notes.   - In light of the reenactment of this Title, effective January 1, 2013, the reader is advised to consult the annotations following Code Section 24-8-803 for notes on hearsay declarants.   JUDICIAL DECISIONS   Prior inconsistent statement.    - Trial court did not err in admitting extrinsic evidence of the cousin's prior inconsistent statements because the state complied with the prerequisites of O.C.G.A. § 24-6-613(b) as both the prosecutor and defense counsel examined the witness as to each of the prior inconsistent statements and the witness was afforded an opportunity to explain or to deny the prior inconsistent statements, which entitled the prosecutor to ask leading questions. McNair v. State, 330 Ga. App. 478, 767 S.E.2d 290 (2014).   Absent declarant impeached with former conviction.    - Because the defendant's accountant had authored a chart regarding billing and finance for two disabled men in the defendant's unlicensed personal care home and the accountant did not testify, the information in the chart was hearsay under O.C.G.A. § 24-8-801(c), and the state was entitled to impeach the accountant's credibility with a former conviction, O.C.G.A. § 24-8-806. Hawkins v. State, 350 Ga. App. 862, 830 S.E.2d 301 (2019).   Telephone statements.    - Witness's hearsay testimony about the defendant's statements to the witness on the telephone shortly after a robbery and shooting in the witness's front yard was admissible against the co-defendant in their joint trial under the co-conspirator exception; however, the defendant's statements exonerating the co-defendant during the defendant's plea hearing were not admissible to impeach the telephone statements. Esprit v. State, 305 Ga. 429, 826 S.E.2d 7 (2019).   Exclusion of impeaching conviction harmless, if error.    - Assuming that the trial court's exclusion of a hearsay declarant's certified conviction was error, the error was harmless because counsel was able to elicit testimony regarding the conviction, and the copy would have been merely cumulative. Redding v. State, 307 Ga. 722, 838 S.E.2d 282 (2020).
GA Code § 24-8-822 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 8 - Hearsay|Article 2 - Admissions and Confessions|§ 24-8-822. Right to Have Whole Conversation Heard

 When an admission is given in evidence by one party, it shall be the right of the other party to have the whole admission and all the conversation connected therewith admitted into evidence.    (Code 1981, §24-8-822, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 29A Am. Jur. 2d, Evidence, § 759.   C.J.S.   - 31A C.J.S., Evidence, § 518.   ALR.    - Proof of entire conversation containing alleged confession, 2 A.L.R. 1017; 26 A.L.R. 541.    Duty of court to instruct regarding exculpatory or mitigating statements in confession or admission introduced by prosecution, 116 A.L.R. 1459.   Party's waiver of privilege as to communications with counsel by taking stand and testifying, 51 A.L.R.2d 521.   Testifying in civil proceeding as waiver of privilege against self-incrimination, 72 A.L.R.2d 830.
GA Code § 24-8-823 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 8 - Hearsay|Article 2 - Admissions and Confessions|§ 24-8-823. Admissions and Confessions Received With Care; No Conviction on Uncorroborated Confession

 All admissions shall be scanned with care, and confessions of guilt shall be received with great caution. A confession alone, uncorroborated by any other evidence, shall not justify a conviction.    (Code 1981, §24-8-823, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 29A Am. Jur. 2d, Evidence, §§ 765, 766, 1394.   C.J.S.   - 31A C.J.S., Evidence, §§ 523, 524.   ALR.    - Proof of entire conversation containing alleged confession, 2 A.L.R. 1017; 26 A.L.R. 541.    Confession by one who has been subjected to or threatened with physical suffering, 24 A.L.R. 703.    Confession as circumstantial evidence, 40 A.L.R. 571.    Duty of court to institute preliminary investigation as to voluntary or involuntary character of confession, 102 A.L.R. 605.    Presumption and burden of proof as to voluntariness of nonjudicial confession, 102 A.L.R. 641.    Right of witness to state his conclusion or opinion that confession was voluntary or involuntary, 114 A.L.R. 974.    Detective or other person participating in crime to obtain evidence as accomplice within rule requiring corroboration of, or cautionary instruction as to, testimony of accomplice, 119 A.L.R. 689.    Propriety of instruction, or requested instruction, in civil case, as to caution in considering testimony of oral admissions, or as to weight of such admissions as evidence, 126 A.L.R. 66.    Corroboration of confession, 127 A.L.R. 1130; 45 A.L.R.2d 1316.   Admissibility and weight of party's admissions as to tort occurring during his absence, 54 A.L.R.2d 1069.   Admissibility of inculpatory statements made in presence of accused to which he refuses to reply on advice of counsel, 77 A.L.R.2d 463.   Admission of liability as affecting admissibility of evidence as to the circumstances of accident on issue of damages in a tort action for personal injury, wrongful death, or property damage, 80 A.L.R.2d 1224.   Admissibility of confession as affected by its inducement through artifice, deception, trickery, or fraud, 99 A.L.R.2d 772.   Plea of guilty or conviction as resulting in loss of privilege against self-incrimination as to crime in question, 9 A.L.R.3d 990.   Sufficiency of showing that voluntariness of confession or admission was affected by alcohol or other drugs, 25 A.L.R.4th 419.   Voluntariness of confession as affected by police statements that suspect's relatives will benefit by the confession, 51 A.L.R.4th 495.   Sufficiency of corroboration of confession for purpose of establishing corpus delicti as question of law or fact, 33 A.L.R.5th 571.
GA Code § 24-8-825 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 8 - Hearsay|Article 2 - Admissions and Confessions|§ 24-8-825. Confessions Under Spiritual Exhortation, Promise of Secrecy, or Collateral Benefit Admissible

 The fact that a confession has been made under a spiritual exhortation, a promise of secrecy, or a promise of collateral benefit shall not exclude it.    (Code 1981, §24-8-825, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 29A Am. Jur. 2d, Evidence, §§ 740, 741, 745.   ALR.    - Voluntariness of confession admitted by court as question for jury, 85 A.L.R. 870; 170 A.L.R. 567.   Suppression before indictment or trial of confession unlawfully obtained, 1 A.L.R.2d 1012.   Voluntariness and admissibility of minor's confession, 87 A.L.R.2d 624.   Admissibility of confession as affected by its inducement through artifice, deception, trickery, or fraud, 99 A.L.R.2d 772.   Voluntariness of confession as affected by police statements that suspect's relatives will benefit by the confession, 51 A.L.R.4th 495.   Voluntary nature of confession as affected by appeal to religious beliefs, 20 A.L.R.6th 479.
GA Code § 24-9-903 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 9 - Authentication and Identification|Article 1 - General Provisions|§ 24-9-903. Subscribing Witness's Testimony

 The testimony of a subscribing witness shall not be necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.    (Code 1981, §24-9-903, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   Cross references.   - Requirements regarding proving of wills by witnesses, § 53-3-13.   Subscribing witness's testimony, Fed. R. Evid. 903.   Law reviews.   - For article, "An Analysis of Georgia's Proposed Rules of Evidence," see 26 Ga. St. B.J. 173 (1990). For article, "Dancing with the Big Boys: Georgia Adopts (most of) the Federal Rules of Evidence," see 63 Mercer L. Rev. 1 (2011).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Ancient Writings   Subscribing Witnesses Not Available   Writing Only Collaterally Material   Testimony by Party Executing Writing    RESEARCH REFERENCES   Am. Jur. 2d.   - 29A Am. Jur. 2d, Evidence, §§ 1051, 1190, 1203 et seq., 1229.   C.J.S.   - 32 C.J.S., Evidence, §§ 986, 989, 990, 1125.   ALR.    - Authorship or authenticity of written or printed matter as inferable without extrinsic proof from name used therein or from its contents or subject matter, 131 A.L.R. 301.   Introduction of decedent's books of account by his personal representative as waiver of "dead man's statute,", 26 A.L.R.2d 1009.
GA Code § 24-9-904 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 9 - Authentication and Identification|Article 1 - General Provisions|§ 24-9-904. Definitions

 As used in this article, the term:    "Public office" shall have the same meaning as set forth in Code Section 24-8-801.   "Public officer" means any person appointed or elected to be the head of any entity included in paragraph (1) of Code Section 24-9-902.   "Telephone service provider" shall have the same meaning as "voice service provider" as set forth in Code Section 46-5-231.     (Code 1981, §24-9-904, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)
GA Code § 24-9-920 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 9 - Authentication and Identification|Article 2 - Specific Types of Records and Evidence|§ 24-9-920. Authentication of Georgia State and County Records

 The certificate or attestation of any public officer either of this state or any county thereof or any clerk or keeper of county, consolidated government, or municipal records in this state shall give sufficient validity or authenticity to any copy or transcript of any record, document, paper or file, or other matter or thing in such public officer's respective office, or pertaining thereto, to admit the same in evidence.    (Code 1981, §24-9-920, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   Cross references.   - Proof of lack of public record by evidence showing that record cannot be found, § 9-11-44.   Records, documents, and papers of public officers generally, T. 50, C. 18.   Law reviews.   - For article, "An Analysis of Georgia's Proposed Rules of Evidence," see 26 Ga. St. B.J. 173 (1990). For article, "Dancing with the Big Boys: Georgia Adopts (most of) the Federal Rules of Evidence," see 63 Mercer L. Rev. 1 (2011).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Public Officers   Certificate and Seal   Attestation   Treatment of Specific Records   Not Applicable to Federal Records   Court Records    OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 38-601 and former O.C.G.A. § 24-7-20 have been included in the opinions for this Code section.    Former statute related only to the certification of state and county records,  and did not embrace federal records. 1970 Op. Att'y Gen. No. U70-176 (decided under former Code 1933, § 38-601).   RESEARCH REFERENCES   Am. Jur. 2d.   - 29A Am. Jur. 2d, Evidence, §§ 1303, 1320, 1321.   21A Am. Jur. Pleading and Practice Forms, Records and Recording Laws, § 3.   C.J.S.   - 32 C.J.S., Evidence, §§ 841 et seq., 886, 896, 897. 32A C.J.S., Evidence, § 1037.   ALR.   - Admissibility, in personal injury or death action arising out of airplane accident, of documents and reports pertaining to investigations, 23 A.L.R.2d 1360.   Presumption and prima facie case as to ownership of vehicle causing highway accident, 27 A.L.R.2d 167.   Admissibility of report of police or other public officer or employee, or portions of reports, as to cause of or responsibility for accident, injury to person, or damage to property, 69 A.L.R.2d 1148.   Weather reports and records as evidence, 57 A.L.R.3d 713.   Admissibility, under public records exception to hearsay rule, of record kept by public official without express statutory direction or authorization, 80 A.L.R.3d 414.   Authentication of electronically stored evidence, including text messages and e-mail, 45 A.L.R.4th 602.
GA Code § 24-9-922 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 9 - Authentication and Identification|Article 2 - Specific Types of Records and Evidence|§ 24-9-922. Proof of Laws, Records, Nonjudicial Records, or Books of Other States, Territories, or Possessions; Full Faith and Credit

 The acts of the legislature of any other state, territory, or possession of the United States, the records and judicial proceedings of any court of any such state, territory, or possession, and the nonjudicial records or books kept in the public offices in any such state, territory, or possession, if properly authenticated, shall have the same full faith and credit in every court within this state as they have by law or usage in the courts of such state, territory, or possession from which they are taken.    (Code 1981, §24-9-922, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   Law reviews.   - For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982). For article, "Dancing with the Big Boys: Georgia Adopts (most of) the Federal Rules of Evidence," see 63 Mercer L. Rev. 1 (2011).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Choice of Law   Foreign Judgments   Full Faith and Credit Granted   Full Faith and Credit Denied   Court Records   Council Records    RESEARCH REFERENCES   ALR.    - Determination of question relating to foreign law as one of law or of fact, 34 A.L.R. 1447.    Conclusiveness of decision of sister state on a contested hearing as to its own jurisdiction, 52 A.L.R. 740.    Foreign judgment based upon, or which fails to give effect to, a judgment previously rendered at the forum, or in a third jurisdiction, 53 A.L.R. 1146.    Construction and effect of foreign statutes or judicial decisions as question for court or for jury, 68 A.L.R. 809.    Judgment or order upholding prior judgment in the same state against direct attack upon ground of lack of jurisdiction, as conclusive in another state under the full faith and credit provision or doctrine of res judicata, 104 A.L.R. 1187.    Full faith and credit provision as affecting insurance contracts, 119 A.L.R. 483; 173 A.L.R. 1138.    Right to maintain action or proceeding in one state or country to collect or enforce tax due to another state or country or political subdivision thereof, 165 A.L.R. 796.
GA Code § 24-9-924 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 9 - Authentication and Identification|Article 2 - Specific Types of Records and Evidence|§ 24-9-924. Admissibility of Records of Department of Driver Services; Admissibility of Computer Transmitted Records

  Any court may receive and use as evidence in any proceeding information otherwise admissible from the records of the Department of Public Safety or the Department of Driver Services obtained from any terminal lawfully connected to the Georgia Crime Information Center without the need for additional certification of such records.   Any court may receive and use as evidence for the purpose of imposing a sentence in any criminal proceeding information otherwise admissible from the records of the Department of Driver Services obtained from a request made in accordance with a contract with the Georgia Technology Authority for immediate on-line electronic furnishing of information.     (Code 1981, §24-9-924, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)
GA Code § 24-11-1 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 11 - Establishment of Lost Records|Article 1 - Public Records|§ 24-11-1. Definitions

 As used in this chapter, the term:    "Custodian" means the person charged with the duty of maintaining public records.   "Duplicate" means a counterpart which accurately reproduces the original.   "Public record" shall have the same meaning as set forth in Code Section 24-8-801.     (Code 1981, §24-11-1, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)
GA Code § 24-11-2 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 11 - Establishment of Lost Records|Article 1 - Public Records|§ 24-11-2. Establishment of Lost Records

  Where any original public records have been lost, mutilated, stolen, or destroyed, the custodian may establish duplicates in accordance with the provisions of this article. When such public records are established by duplicates, they shall have all of the effect in evidence as the original records would have had.   The custodian of the lost, mutilated, stolen, or destroyed public records shall bring a petition to establish such records in the superior court of the county in which the public records were located.   The petition shall set forth the fact that some portion of the public records has been lost, mutilated, stolen, or destroyed, specifying as nearly as may be possible the books or parts of the books in which those records existed, and shall pray for the establishment of such records.     (Code 1981, §24-11-2, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 29A Am. Jur. 2d, Evidence, § 1271.
GA Code § 24-11-3 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 11 - Establishment of Lost Records|Article 1 - Public Records|§ 24-11-3. Appointment of Auditor; Hearing; Establishment of Duplicates

  The court shall either appoint an auditor for such petition in accordance with Chapter 7 of Title 9 or shall conduct a hearing on the petition. If an auditor is appointed, the provisions of Code Sections 9-7-1 through 9-7-16 and Code Section 9-7-21 shall apply to such proceedings. An auditor shall receive compensation for services rendered as may be allowed by the court, to be paid out of the funds of the office of the custodian whose records were lost, mutilated, stolen, or destroyed.   If the court hears the petition, after receiving evidence, the court shall determine whether the purported duplicate is, in fact, the same as the original record which has been lost, mutilated, stolen, or destroyed, and it shall be discretionary with the court to order the whole or any part of such records established. The court shall give precedence to a petition filed pursuant to this article and hear the petition as speedily as possible.   The duplicates which are established pursuant to this Code section, as nearly as may be possible, shall specify and conform to the original book and pages of the same on which they originally existed.     (Code 1981, §24-11-3, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   RESEARCH REFERENCES   ALR.    - Admissibility in evidence of audit or testimony of auditor or accountant, 52 A.L.R. 1266.
GA Code § 24-11-20 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 11 - Establishment of Lost Records|Article 2 - Private Papers|§ 24-11-20. Establishment of Lost Office Papers

  Upon the loss of any original pleading, declaration, bill of indictment, special presentment, accusation, or other office paper, a duplicate may be established instanter on motion.   As used in this article, the term "office paper" means the instrument upon which a proceeding has been brought after the case has gone to trial.     (Code 1981, §24-11-20, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 63-201 and 63-202, are included in the annotations for this Code section.   Clerk's certification insufficient.   - Clerk's certification that the indictment was lost was not sufficient replacement for a certified copy of the actual indictment. 1970 Op. Att'y Gen. No. 70-61 (decided under former Code 1933, §§ 63-201, 63-202).   RESEARCH REFERENCES   C.J.S.   - 54 C.J.S., Lost Instruments, § 8 et seq.
GA Code § 24-11-22 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 11 - Establishment of Lost Records|Article 2 - Private Papers|§ 24-11-22. Summary Establishment of Lost or Destroyed Evidence of Indebtedness in Probate Court - Service of Nonresidents; Effect

 When the person alleged to be a debtor or maker of a lost or destroyed paper as set forth in Code Section 24-11-21 does not reside in this state, the alleged debtor or maker may be made a party to the proceedings by publication, in a newspaper to be designated by the judge of the probate court, twice a month for two months. When the person has been made a party, this article shall apply in his or her case.    (Code 1981, §24-11-22, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 52 Am. Jur. 2d, Lost and Destroyed Instruments, §§ 18, 23.
GA Code § 24-11-24 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 11 - Establishment of Lost Records|Article 2 - Private Papers|§ 24-11-24. Establishment of Lost or Destroyed Paper in Superior Court - When Continuance Granted

 In a proceeding to establish lost papers under Code Section 24-11-23, no continuance shall be granted unless it appears reasonable and just to the court; nor shall a continuance be allowed to the same party more than once, except for providential cause.    (Code 1981, §24-11-24, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)