GA Code § 24-6-613 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 6 - Witnesses|Article 1 - General Provisions|§ 24-6-613. Prior Statements of Witnesses

  In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time; provided, however, upon request the same shall be shown or disclosed to opposing counsel.   Except as provided in Code Section 24-8-806, extrinsic evidence of a prior inconsistent statement by a witness shall not be admissible unless the witness is first afforded an opportunity to explain or deny the prior inconsistent statement and the opposite party is afforded an opportunity to interrogate the witness on the prior inconsistent statement or the interests of justice otherwise require. This subsection shall not apply to admissions of a party-opponent as set forth in paragraph (2) of subsection (d) of Code Section 24-8-801.   A prior consistent statement shall be admissible to rehabilitate a witness if the prior consistent statement logically rebuts an attack made on the witness's credibility. A general attack on a witness's credibility with evidence offered under Code Section 24-6-608 or 24-6-609 shall not permit rehabilitation under this subsection. If a prior consistent statement is offered to rebut an express or implied charge against the witness of recent fabrication or improper influence or motive, the prior consistent statement shall have been made before the alleged recent fabrication or improper influence or motive arose.     (Code 1981, §24-6-613, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   Cross references.   - Witness's prior statement, Fed. R. Evid. 613.   Law reviews.   - For article, "The Need For a Special Exception to the Hearsay Rule in Child Sexual Abuse Cases," see 21 Ga. St. B.J. 50 (1984).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Admissibility of Statement   Foundation   Sustaining Witness   Instructions   Function of Jury    RESEARCH REFERENCES   Am. Jur. 2d.   - 29 Am. Jur. 2d, Evidence, §§ 362, 365 et seq., 663. 81 Am. Jur. 2d, Witnesses, §§ 218, 423 et seq., 458 et seq., 501, 505.   ALR.    - May a witness who testifies to facts be impeached by showing of prior inconsistent expressions of opinion by him, 66 A.L.R. 289; 158 A.L.R. 820.    Extrajudicial statements by witness who is subject to cross-examination as evidence of facts to which they relate, 133 A.L.R. 1454.   Right to show in civil case that party or witness refused to testify on same matter under claim of privilege in previous criminal proceeding, 2 A.L.R.2d 1297.   Binding effect, upon party litigant, of testimony of his witnesses at a former trial, 74 A.L.R.2d 521.   Impeachment of accused as witness by use of involuntary or not properly qualified confession, 89 A.L.R.2d 478.   Denial of recollection as inconsistent with prior statement so as to render statement admissible, 99 A.L.R.3d 934.   Admissibility of affidavit to impeach witness, 14 A.L.R.4th 828.   Use or admissibility of prior inconsistent statements of witness as substantive evidence of facts to which they relate in criminal case - modern state cases, 30 A.L.R.4th 414.   Admissibility of impeached witness's prior consistent statement - modern state criminal cases, 58 A.L.R.4th 985; 59 A.L.R.4th 1000.   Effect of Rule 801(d)(1)(B) of the Federal Rules of Evidence upon the admissibility of a witness's prior consistent statement, 47 A.L.R. Fed 639.