reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 4 - RELEVANT EVIDENCE (§§ 24-4-401 — 24-4-419) › Section 24-4-415 - Evidence of similar acts in civil or administrative proceedings concerning sexual assault or child molestation

(a)
In a civil or administrative proceeding in which a claim for damages or other relief is predicated on a party's alleged commission of conduct constituting an offense of sexual assault or an offense of child molestation, evidence of that party's commission of another offense of sexual assault or another offense of child molestation shall be admissible and may be considered as provided in Code Sections
24-4-413
and
24-4-414
.
(b)
A party who intends to offer evidence under this Code section shall disclose the evidence to the party against whom it will be offered, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least ten days in advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the judge upon good cause shown.
(c)
This Code section shall not be the exclusive means to admit or consider evidence described in this Code section.
(d)
As used in this Code section, the term:
(1)
"Offense of child molestation" means any conduct or attempt or conspiracy to engage in:
(A)
Conduct that would be a violation of Code Section
16-6-4
,
16-6-5
,
16-12-100
,
16-12-100.2
, or
16-12-100.3
;
(B)
Any crime that involves contact between any part of the accused's body or an object and the genitals or anus of a child;
(C)
Any crime that involves contact between the genitals or anus of the accused and any part of the body of a child; or
(D)
Any crime that involves deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on a child.
(2)
"Offense of sexual assault" means any conduct or attempt or conspiracy to engage in:
(A)
Conduct that would be a violation of Code Section
16-6-1
,
16-6-2
,
16-6-3
,
16-6-5.1
,
16-6-22
,
16-6-22.1
, or
16-6-22.2
;
(B)
Any crime that involves contact, without consent, between any part of the accused's body or an object and the genitals or anus of another person;
(C)
Any crime that involves contact, without consent, between the genitals or anus of the accused and any part of another person's body; or
(D)
Any crime that involves deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on another person.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 4 - RELEVANT EVIDENCE (§§ 24-4-401 — 24-4-419) › Section 24-4-416 - Statements of sympathy in medical malpractice cases

(a)
As used in this Code section, the term "health care provider" means any person licensed under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43 or any hospital, nursing home, home health agency, institution, or medical facility licensed or defined under Chapter 7 of Title 31. The term shall also include any corporation, professional corporation, partnership, limited liability company, limited liability partnership, authority, or other entity composed of such health care providers.
(b)
In any claim or civil proceeding brought by or on behalf of a patient allegedly experiencing an unanticipated outcome of medical care, any and all statements, affirmations, gestures, activities, or conduct expressing regret, apology, sympathy, commiseration, condolence, compassion, mistake, error, or a general sense of benevolence which is made by a health care provider or an employee or agent of a health care provider to the patient, a relative of the patient, or a representative of the patient and which relates to the unanticipated outcome shall be inadmissible as evidence and shall not constitute an admission of liability or an admission against interest.
Amended by 2013 Ga. Laws 33,§ 24, eff. 4/24/2013.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 4 - RELEVANT EVIDENCE (§§ 24-4-401 — 24-4-419) › Section 24-4-417 - Evidence of similar acts in prosecutions for violations of Code Section 40-6-391

(a)
In a criminal proceeding involving a prosecution for a violation of Code Section
40-6-391
, evidence of the commission of another violation of Code Section
40-6-391
on a different occasion by the same accused shall be admissible when:
(1)
The accused refused in the current case to take the state administered test required by Code Section
40-5-55
and such evidence is relevant to prove knowledge, plan, or absence of mistake or accident;
(2)
The accused refused in the current case to provide an adequate breath sample for the state administered test required by Code Section
40-5-55
and such evidence is relevant to prove knowledge, plan, or absence of mistake or accident; or
(3)
The identity of the driver is in dispute in the current case and such evidence is relevant to prove identity.
(b)
In a criminal proceeding in which the state intends to offer evidence under this Code section, the prosecuting attorney shall disclose such evidence to the accused, including statements of witnesses or a summary of the substance of any testimony that the prosecuting attorney expects to offer, at least ten days in advance of trial, unless the time is shortened or pretrial notice is excused by the judge upon good cause shown.
(c)
This Code section shall not be the exclusive means to admit or consider evidence described in this Code section.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 4 - RELEVANT EVIDENCE (§§ 24-4-401 — 24-4-419) › Section 24-4-418 - Admissibility of criminal gang activity; disclosure

(a)
In a criminal proceeding in which the accused is accused of conducting or participating in criminal gang activity in violation of Code Section
16-15-4
, evidence of the accused's commission of criminal gang activity, as such term is defined in Code Section
16-15-3
, shall be admissible and may be considered for its bearing on any matter to which it is relevant.
(b)
In a proceeding in which the prosecution intends to offer evidence under this Code section, the prosecutor shall disclose such evidence to the accused, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least ten days in advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the judge upon good cause shown.
(c)
This Code section shall not be the exclusive means to admit or consider evidence described in this Code section.
Added by 2016 Ga. Laws 606,§ 6, eff. 5/3/2016.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 4 - RELEVANT EVIDENCE (§§ 24-4-401 — 24-4-419) › Section 24-4-419 - Admissibility of criminal history record information

(a)
As used in this Code section, the term "criminal history record information" shall have the same meaning as set forth in Code Section
35-3-30
.
(b)
In a civil proceeding against an employer, its employees, or its agents based on the conduct of an employee or former employee, criminal history record information shall not be admissible if:
(1)
The nature of such criminal history record information is not relevant to the facts underlying such proceeding or the veracity of the witness;
(2)
Prior to the act giving rise to such proceedings, criminal history record information was restricted or sealed as provided in Code Section
35-3-37
, or a pardon for such conduct was granted; or
(3)
Such criminal history information is for an arrest or charge that did not result in a conviction.
Added by 2020 Ga. Laws 582,§ 3-1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 5 - PRIVILEGE (§§ 24-5-501 — 24-5-510) › Section 24-5-501 - Certain communications privileged

(a)
There are certain admissions and communications excluded from evidence on grounds of public policy, including, but not limited to, the following:
(1)
Communications between husband and wife;
(2)
Communications between attorney and client;
(3)
Communications among grand jurors;
(4)
Secrets of state;
(5)
Communications between psychiatrist and patient;
(6)
Communications between licensed psychologist and patient as provided in Code Section
43-39-16
;
(7)
Communications between a licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, or licensed professional counselor and patient;
(8)
Communications between or among any psychiatrist, psychologist, licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, and licensed professional counselor who are rendering psychotherapy or have rendered psychotherapy to a patient, regarding that patient's communications which are otherwise privileged by paragraph (5), (6), or (7) of this subsection; and
(9)
Communications between accountant and client as provided by Code Section
43-3-29
.
(b)
As used in this Code section, the term:
(1)
"Psychotherapy" means the employment of psychotherapeutic techniques.
(2)
"Psychotherapeutic techniques" shall have the same meaning as provided in Code Section
43-10A-3
.
Amended by 2014 Ga. Laws 492,§ 2-1, eff. 7/1/2014.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 5 - PRIVILEGE (§§ 24-5-501 — 24-5-510) › Section 24-5-502 - Communications to clergy privileged

Every communication made by any person professing religious faith, seeking spiritual comfort, or seeking counseling to any Protestant minister of the Gospel, any priest of the Roman Catholic faith, any priest of the Greek Orthodox Catholic faith, any Jewish rabbi, or any Christian or Jewish minister or similar functionary, by whatever name called, shall be deemed privileged. No such minister, priest, rabbi, or similar functionary shall disclose any communications made to him or her by any such person professing religious faith, seeking spiritual guidance, or seeking counseling, nor shall such minister, priest, rabbi, or similar functionary be competent or compellable to testify with reference to any such communication in any court.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 5 - PRIVILEGE (§§ 24-5-501 — 24-5-510) › Section 24-5-503 - Husband and wife as witnesses for and against each other in criminal proceedings

(a)
A husband and wife shall be competent but shall not be compellable to give evidence in any criminal proceeding for or against each other.
(b)
The privilege created by subsection (a) of this Code section or by corresponding privileges in paragraph (1) of subsection (a) of Code Section
24-5-501
or subsection (a) of Code Section
24-5-505
shall not apply in proceedings in which:
(1)
The husband or wife is charged with a crime against the person of a child under the age of 18, but such husband or wife shall be compellable to give evidence only on the specific act for which the accused is charged;
(2)
The husband or wife is charged with a crime against his or her spouse;
(3)
The husband or wife is charged with causing physical damage to property belonging to the husband and wife or to their separate property; or
(4)
The alleged crime against his or her current spouse occurred prior to the lawful marriage of the husband and wife.
Amended by 2012 Ga. Laws 586,§ 1, eff. 1/1/2013.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 5 - PRIVILEGE (§§ 24-5-501 — 24-5-510) › Section 24-5-504 - Law enforcement officer or nonsworn employee of law enforcement agency testimony

Any law enforcement officer or nonsworn employee of a law enforcement agency testifying in his or her official capacity in any criminal proceeding shall not be compelled to reveal his or her home address. Such officer or employee may be required to divulge the business address of his or her employer, and the court may require any law enforcement officer or nonsworn employee of a law enforcement agency to answer questions as to his or her home address whenever such fact may be material to any issue in the proceeding.
Amended by 2023 Ga. Laws 33,§ 3, eff. 7/1/2023.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 5 - PRIVILEGE (§§ 24-5-501 — 24-5-510) › Section 24-5-505 - Party or witness privilege

(a)
No party or witness shall be required to testify as to any matter which may incriminate or tend to incriminate such party or witness or which shall tend to bring infamy, disgrace, or public contempt upon such party or witness or any member of such party or witness's family.
(b)
Except in proceedings in which a judgment creditor or judgment creditor's successor in interest seeks postjudgment discovery involving a judgment debtor pursuant to Code Section
9-11-69
, no party or witness shall be required to testify as to any matter which shall tend to work a forfeiture of his or her estate.
(c)
No official persons shall be called on to disclose any state matters of which the policy of the state and the interest of the community require concealment.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 5 - PRIVILEGE (§§ 24-5-501 — 24-5-510) › Section 24-5-506 - Privilege against self-incrimination; testimony of accused in criminal case

(a)
No person who is charged in any criminal proceeding with the commission of any criminal offense shall be compellable to give evidence for or against himself or herself.
(b)
If an accused in a criminal proceeding wishes to testify and announces in open court his or her intention to do so, the accused may so testify. If an accused testifies, he or she shall be sworn as any other witness and, except as provided in Code Sections
24-6-608
and
24-6-609
, may be examined and cross-examined as any other witness. The failure of an accused to testify shall create no presumption against the accused, and no comment shall be made because of such failure.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 5 - PRIVILEGE (§§ 24-5-501 — 24-5-510) › Section 24-5-507 - Grant of immunity; contempt

(a)
Whenever in the judgment of the Attorney General or any district attorney the testimony of any person or the production of evidence of any kind by any person in any criminal proceeding before a court or grand jury is necessary to the public interest, the Attorney General or the district attorney may request in writing the superior court to order such person to testify or produce the evidence. Upon order of the court, such person shall not be excused on the basis of the privilege against self-incrimination from testifying or producing any evidence required, but no testimony or other evidence required under the order or any information directly or indirectly derived from such testimony or evidence shall be used against the person in any proceeding or prosecution for a crime or offense concerning which he or she testified or produced evidence under court order. However, such person may nevertheless be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing, or contempt committed in testifying or failing to testify or in producing or failing to produce evidence in accordance with the order but shall not be required to produce evidence that can be used in any other court of this state, the United States, or any other state. Any order entered under this Code section shall be entered of record in the minutes of the court so as to afford a permanent record thereof, and any testimony given by a person pursuant to such order shall be transcribed and filed for permanent record in the office of the clerk of the court.
(b)
If a person refuses to testify after being granted immunity from prosecution and after being ordered to testify as set forth in this Code section, such person may be adjudged in contempt and committed to the county jail until such time as such person purges himself or herself of contempt by testifying as ordered without regard to the expiration of the grand jury. If the grand jury before which such person was ordered to testify has been dissolved, such person may purge himself or herself by testifying before the court.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 5 - PRIVILEGE (§§ 24-5-501 — 24-5-510) › Section 24-5-508 - Qualified privilege for news gathering or dissemination

Any person, company, or other entity engaged in the gathering and dissemination of news for the public through any newspaper, book, magazine, radio or television broadcast, or electronic means shall have a qualified privilege against disclosure of any information, document, or item obtained or prepared in the gathering or dissemination of news in any proceeding where the one asserting the privilege is not a party, unless it is shown that this privilege has been waived or that what is sought:
(1)
Is material and relevant;
(2)
Cannot be reasonably obtained by alternative means; and
(3)
Is necessary to the proper preparation or presentation of the case of a party seeking the information, document, or item.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 5 - PRIVILEGE (§§ 24-5-501 — 24-5-510) › Section 24-5-510 - Privileged communications between law enforcement officers and peer counselors

(a)
As used in this Code section, the term:
(1)
"Client" means a public safety officer.
(2)
"Peer counselor" means:
(A)
An employee of the Office of Public Safety Support within the Department of Public Safety; or
(B)
An individual who is certified by the support coordinator of the Office of Public Safety Support within the Department of Public Safety pursuant to subsection (b) of Code Section
35-2-163
who is an employee of a public entity that employs public safety officers and who is designated by the executive head of such public entity.
(3)
"Public entity" shall have the same meaning as provided for in Code Section
35-2-160
.
(4)
"Public safety officer" means a peace officer, correctional officer, emergency health worker, firefighter, highway emergency response operator, jail officer, juvenile correctional officer, probation officer, or emergency services dispatcher.
(b)
Except as provided in subsection (c) of this Code section, communications between a client and a peer counselor shall be privileged. A peer counselor shall not disclose any such communications made to him or her and shall not be competent or compellable to testify with reference to any such communications in any court.
(c)
The privilege created by subsection (b) of this Code section shall not apply when:
(1)
The disclosure is authorized by the client, or if the client is deceased, by his or her executor or administrator, and if an executor or administrator is not appointed, by the client's next of kin;
(2)
Compelled by court order;
(3)
The peer counselor was an initial responding public safety officer, witness, or party to an act that is the subject of the counseling;
(4)
The communication was made when the peer counselor was not performing official duties; or
(5)
The client is charged with a crime.
(d)
The privilege created by this Code section shall not be grounds to fail to comply with mandatory reporting requirements as set forth in Code Section
19-7-5
or Chapter 5 of Title 30, the "Disabled Adults and Elder Persons Protection Act."
Amended by 2020 Ga. Laws 569,§ 1, eff. 1/1/2021.
Amended by 2020 Ga. Laws 521,§ 24, eff. 7/29/2020.
Amended by 2018 Ga. Laws 439,§ 1, eff. only if funds are specifically appropriated for the purposes of this Act in an appropriations Act enacted by the General Assembly. (b) If funds are so appropriated, then this Act shall become effective on the later of: (1) The date on which such appropriations Act becomes effective; or (2) The beginning date of the fiscal year for which such appropriations are made..
Added by 2014 Ga. Laws 542,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 1 - GENERALLY (§§ 24-6-601 — 24-6-616) › Section 24-6-601 - General rule of competency

Except as otherwise provided in this chapter, every person is competent to be a witness.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 1 - GENERALLY (§§ 24-6-601 — 24-6-616) › Section 24-6-602 - Lack of personal knowledge

A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of such matter. Evidence to prove personal knowledge may, but need not, consist of the witness's own testimony. The provisions of this Code section are subject to Code Section
24-7-703
and shall not apply to party admissions.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 1 - GENERALLY (§§ 24-6-601 — 24-6-616) › Section 24-6-603 - Oath or affirmation

(a)
Before testifying, every witness shall be required to declare that he or she will testify truthfully by oath or affirmation administered in a form calculated to awaken the witness's conscience and impress the witness's mind with the duty to do so.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, in all proceedings involving dependency as defined by Code Section
15-11-2
, in all proceedings involving termination of parental rights under Article 4 of Chapter 11 of Title 15, and in all criminal proceedings in which a child was a victim of or witness to any crime, the child shall be competent to testify, and the child's credibility shall be determined as provided in this chapter.
Amended by 2023 Ga. Laws 247,§ 1, eff. 7/1/2023.
Amended by 2013 Ga. Laws 127,§ 4-41, eff. 1/1/2014.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 1 - GENERALLY (§§ 24-6-601 — 24-6-616) › Section 24-6-604 - Interpreters

Except as provided in Code Sections
24-6-656
and
24-6-657
or by the rules promulgated by the Supreme Court of Georgia pursuant to Code Section
15-1-14
, an interpreter shall be subject to the provisions of Code Section
24-7-702
. Interpreters shall be required to take an oath or affirmation to make a true translation.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 1 - GENERALLY (§§ 24-6-601 — 24-6-616) › Section 24-6-605 - Judge as witness

The judge presiding at the trial shall not testify in that trial as a witness. No objection need be made in order to preserve this issue.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 1 - GENERALLY (§§ 24-6-601 — 24-6-616) › Section 24-6-606 - Juror as witness

(a)
A member of the jury shall not testify as a witness before that jury in the trial of the case in which the juror is sitting. If a juror is called to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.
(b)
Upon an inquiry into the validity of a verdict or indictment, a juror shall not testify by affidavit or otherwise nor shall a juror's statements be received in evidence as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon the jury deliberations or any other juror's mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the juror's mental processes in connection therewith; provided, however, that a juror may testify on the question of whether extraneous prejudicial information was improperly brought to the juror's attention, whether any outside influence was improperly brought to bear upon any juror, or whether there was a mistake in entering the verdict onto the verdict form.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 1 - GENERALLY (§§ 24-6-601 — 24-6-616) › Section 24-6-607 - Who may impeach

The credibility of a witness may be attacked by any party, including the party calling the witness.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 1 - GENERALLY (§§ 24-6-601 — 24-6-616) › Section 24-6-608 - Evidence of character and conduct of witness

(a)
The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, subject to the following limitations:
(1)
The evidence may refer only to character for truthfulness or untruthfulness; and
(2)
Evidence of truthful character shall be admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.
(b)
Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness's character for truthfulness, other than a conviction of a crime as provided in Code Section
24-6-609
, or conduct indicative of the witness's bias toward a party may not be proved by extrinsic evidence. Such instances may however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness:
(1)
Concerning the witness's character for truthfulness or untruthfulness; or
(2)
Concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified.
(c)
The giving of testimony, whether by an accused or by any other witness, shall not operate as a waiver of the accused's or the witness's privilege against self-incrimination when examined with respect to matters which relate only to character for truthfulness.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 1 - GENERALLY (§§ 24-6-601 — 24-6-616) › Section 24-6-610 - Religious beliefs or opinions

Evidence of the beliefs or opinions of a witness on matters of religion shall not be admissible for the purpose of proving that by reason of the nature of the beliefs or opinions the witness's credibility is impaired or enhanced.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 1 - GENERALLY (§§ 24-6-601 — 24-6-616) › Section 24-6-611 - Mode and order of witness interrogation and presentation

(a)
The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to:
(1)
Make the interrogation and presentation effective for the ascertainment of the truth;
(2)
Avoid needless consumption of time; and
(3)
Protect witnesses from harassment or undue embarrassment.
(b)
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.
(c)
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.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 1 - GENERALLY (§§ 24-6-601 — 24-6-616) › Section 24-6-612 - Writing used to refresh memory

(a)
If a witness uses a writing to refresh his or her memory while testifying, an adverse party shall be entitled to have the writing produced at the hearing or trial, to inspect it, to cross-examine the witness on such writing, and to introduce in evidence those portions of such writing which relate to the testimony of the witness.
(b)
If a witness uses a writing to refresh his or her memory before testifying at trial and the court in its discretion determines it is necessary in the interests of justice, an adverse party shall be entitled to have the writing produced at the trial, to inspect it, to cross-examine the witness on such writing, and to introduce in evidence those portions of such writing which relate to the testimony of the witness. If the writing used is protected by the attorney-client privilege or as attorney work product under Code Section
9-11-26
, use of the writing to refresh recollection prior to testifying shall not constitute a waiver of that privilege or protection. If it is claimed that the writing contains matters not related to the subject matter of the testimony, the court shall examine the writing in camera, excise any portions of such writing not so related, and order delivery of the remainder of such writing to the party entitled to such writing. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal. If a writing is not produced or delivered pursuant to an order under this Code section, the court shall make any order justice requires; provided, however, that in criminal proceedings, when the prosecution elects not to comply, the order shall be one striking the testimony or, if the court in its discretion determines that the interests of justice so require, declaring a mistrial.
Amended by 2013 Ga. Laws 132,§ 1-4, eff. 7/1/2013.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 1 - GENERALLY (§§ 24-6-601 — 24-6-616) › Section 24-6-613 - Prior statements of witnesses

(a)
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.
(b)
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
.
(c)
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.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 1 - GENERALLY (§§ 24-6-601 — 24-6-616) › Section 24-6-614 - Calling and interrogation of witnesses by court

(a)
The court may, on its own motion, call a court appointed expert, call a witness regarding the competency of any party, or call a child witness or, at the suggestion of a party, call such witnesses, and all parties shall be entitled to cross-examine such witnesses. In all other situations, the court may only call witnesses when there is an agreement of all of the parties for the court to call such witnesses and all parties shall be entitled to cross-examine such witnesses.
(b)
The court may interrogate witnesses whether called by itself pursuant to subsection (a) of this Code section or by a party.
(c)
Objections to the calling of witnesses by the court or to interrogation by the court may be made at the time or at the next available opportunity when the jury is not present.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 1 - GENERALLY (§§ 24-6-601 — 24-6-616) › Section 24-6-615 - Exclusion of witnesses

Except as otherwise provided in Code Section
24-6-616
, at the request of a party the court shall order witnesses excluded so that each witness cannot hear the testimony of other witnesses, and it may make the order on its own motion. This Code section shall not authorize exclusion of:
(1)
A party who is a natural person;
(2)
An officer or employee of a party which is not a natural person designated as its representative by its attorney; or
(3)
A person whose presence is shown by a party to be essential to the presentation of the party's cause.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 1 - GENERALLY (§§ 24-6-601 — 24-6-616) › Section 24-6-616 - Presence in courtroom of victim of criminal offense

Subject to the provisions of Code Section
17-17-9
, the victim of a criminal offense shall be entitled to be present in any court exercising jurisdiction over such offense.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 2 - CREDIBILITY (§§ 24-6-620 — 24-6-623) › Section 24-6-620 - Credibility a question for trier of fact

The credibility of a witness shall be a matter to be determined by the trier of fact, and if the case is being heard by a jury, the court shall give the jury proper instructions as to the credibility of a witness.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 2 - CREDIBILITY (§§ 24-6-620 — 24-6-623) › Section 24-6-621 - Impeachment by contradiction

A witness may be impeached by disproving the facts testified to by the witness.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 2 - CREDIBILITY (§§ 24-6-620 — 24-6-623) › Section 24-6-622 - Witness's feelings towards and relationship to parties provable

The state of a witness's feelings towards the parties and the witness's relationship to the parties may always be proved for the consideration of the jury.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 2 - CREDIBILITY (§§ 24-6-620 — 24-6-623) › Section 24-6-623 - Treatment of witness

It shall be the right of a witness to be examined only as to relevant matters and to be protected from improper questions and from harsh or insulting demeanor.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 3 - USE OF SIGN LANGUAGE AND INTERMEDIARY INTERPRETER (§§ 24-6-650 — 24-6-658) › Section 24-6-650 - State policy on hearing impaired persons

It is the policy of the State of Georgia to secure the rights of hearing impaired persons who, because of impaired hearing, cannot readily understand or communicate in spoken language and who consequently cannot equally participate in or benefit from proceedings, programs, and activities of the courts, legislative bodies, administrative agencies, licensing commissions, departments, and boards of this state and its political subdivisions unless qualified interpreters are available to assist such persons.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 3 - USE OF SIGN LANGUAGE AND INTERMEDIARY INTERPRETER (§§ 24-6-650 — 24-6-658) › Section 24-6-651 - Definitions

As used in this article, the term:
(1)
"Agency" means any agency, authority, board, bureau, committee, commission, court, department, or jury of the legislative, judicial, or executive branch of government of this state or any political subdivision thereof.
(2)
"Court qualified interpreter" means any person licensed as an interpreter for the hearing impaired pursuant to Code Section
15-1-14
.
(3)
"Hearing impaired person" means any person whose hearing is totally impaired or whose hearing is so seriously impaired as to prohibit the person from understanding oral communications when spoken in a normal conversational tone.
(4)
"Intermediary interpreter" means any person, including any hearing impaired person, who is able to assist in providing an accurate interpretation between spoken English and sign language or between the variance of sign language by acting as an intermediary between a hearing impaired person and a qualified interpreter.
(5)
"Proceeding" means any meeting, hearing, trial, investigation, or other proceeding of any nature conducted by an agency.
(6)
"Qualified interpreter" means any person certified as an interpreter for hearing impaired persons by the Registry of Interpreters for the Deaf or a court qualified interpreter.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 3 - USE OF SIGN LANGUAGE AND INTERMEDIARY INTERPRETER (§§ 24-6-650 — 24-6-658) › Section 24-6-652 - Qualified interpreters at agency proceedings

(a)
The agency conducting any proceeding shall provide a qualified interpreter to the hearing impaired person:
(1)
Whenever the hearing impaired person is a party to the proceeding or a witness before the proceeding; or
(2)
Whenever a person who is below the age of 18 years is a party to the proceeding or a witness before the proceeding conducted by an agency whose parents are hearing impaired persons or whose guardian is a hearing impaired person.
(b)
A hearing impaired person shall notify the agency not less than ten days, excluding weekends and holidays, prior to the date of the proceeding of the need for a qualified interpreter. If the hearing impaired person received notice of the proceeding less than ten days, excluding weekends and holidays, prior to the proceeding, such person shall notify the agency as soon as practicable after receiving such notice.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 3 - USE OF SIGN LANGUAGE AND INTERMEDIARY INTERPRETER (§§ 24-6-650 — 24-6-658) › Section 24-6-653 - Procedure for interrogation and taking of statements from hearing impaired persons arrested for violation of criminal laws

(a)
An arresting law enforcement agency shall provide a qualified interpreter to any hearing impaired person whenever a hearing impaired person is arrested for allegedly violating any criminal law or ordinance of this state or any political subdivision thereof.
(b)
(1)
Except as provided in paragraph (2) of this subsection, no interrogation, warning, informing of rights, taking of statements, or other investigatory procedures shall be undertaken upon a hearing impaired person unless a qualified interpreter has been provided or the law enforcement agency has taken such other steps as may be reasonable to accommodate such person's disability. No answer, statement, admission, or other evidence acquired through the interrogation of a hearing impaired person shall be admissible in any criminal or quasi-criminal proceedings unless such was knowingly and voluntarily given. No hearing impaired person who has been taken into custody and who is otherwise eligible for release shall be detained because of the unavailability of a qualified interpreter.
(2)
If a qualified interpreter is not available, an arresting officer may interrogate or take a statement from such person, provided that if the hearing impaired person cannot hear spoken words with a hearing aid or other sound amplification device, such interrogation and answers thereto shall be in writing and shall be preserved and turned over to the court in the event such person is tried for the alleged offense.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 3 - USE OF SIGN LANGUAGE AND INTERMEDIARY INTERPRETER (§§ 24-6-650 — 24-6-658) › Section 24-6-654 - Indigent hearing impaired defendants to be provided with interpreters

(a)
A court shall provide a court qualified interpreter to any hearing impaired person whenever the hearing impaired person has been provided with a public defender or court appointed legal counsel.
(b)
The court qualified interpreter authorized by this Code section shall be present at all times when the hearing impaired person is consulting with legal counsel.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 3 - USE OF SIGN LANGUAGE AND INTERMEDIARY INTERPRETER (§§ 24-6-650 — 24-6-658) › Section 24-6-655 - Waiver of right to interpreter

Whenever a hearing impaired person shall be authorized to be provided a qualified interpreter, such person may waive the right to the use of such interpreter. Any such waiver shall be in writing and shall be approved by the agency or law enforcement agency before which the hearing impaired person is to appear. In no event shall the failure of a hearing impaired person to request an interpreter be deemed to be a waiver of the hearing impaired person's right to a qualified interpreter.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 3 - USE OF SIGN LANGUAGE AND INTERMEDIARY INTERPRETER (§§ 24-6-650 — 24-6-658) › Section 24-6-656 - Replacement of interpreters unable to communicate accurately with hearing impaired persons; appointment of intermediary interpreters

Whenever a hearing impaired person shall be authorized to be provided a qualified interpreter, the agency or law enforcement agency shall determine whether the qualified interpreter so provided is able to communicate accurately with and translate information to and from the hearing impaired person. If it is determined that the qualified interpreter cannot perform these functions, the agency or law enforcement agency shall obtain the services of another qualified interpreter or shall appoint an intermediary interpreter to assist the qualified interpreter in communicating with the hearing impaired person.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 3 - USE OF SIGN LANGUAGE AND INTERMEDIARY INTERPRETER (§§ 24-6-650 — 24-6-658) › Section 24-6-657 - Oath of interpreters; privileged communications; taping and filming of hearing impaired persons' testimony

(a)
Prior to providing any service to a hearing impaired person, any qualified interpreter or intermediary interpreter shall subscribe to an oath that he or she will interpret all communications in an accurate manner to the best of his or her skill and knowledge. The Supreme Court of Georgia may by rule of court prescribe the form of the oath for interpreters and intermediary interpreters for use in court and other judicial proceedings.
(b)
Whenever a hearing impaired person communicates with any other person through the use of an interpreter and under circumstances which make such communications privileged or otherwise confidential, the presence of the interpreter shall not vitiate such privilege and the interpreter shall not be required to disclose the contents of such communication.
(c)
Whenever a qualified interpreter is required by this article, the agency or law enforcement agency shall not begin the proceeding or take any action until such interpreter is in full view of and spatially situated so as to assure effective communication with the hearing impaired person.
(d)
The agency or law enforcement agency may, upon its own motion or upon motion of any party, witness, or participant, order that the testimony of the hearing impaired person be electronically and visually recorded. Any such recording may be used to verify the testimony given by the hearing impaired person.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 6 - WITNESSES (§§ 24-6-601 — 24-6-658) › Article 3 - USE OF SIGN LANGUAGE AND INTERMEDIARY INTERPRETER (§§ 24-6-650 — 24-6-658) › Section 24-6-658 - Compensation of interpreters

Any qualified interpreter or intermediary interpreter providing service under this article shall be compensated by the agency or law enforcement agency requesting such service.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 7 - OPINIONS OR INFERENCES AND EXPERT TESTIMONY (§§ 24-7-701 — 24-7-707) › Section 24-7-701 - Lay witness opinion testimony

(a)
If the witness is not testifying as an expert, the witness's testimony in the form of opinions or inferences shall be limited to those opinions or inferences which are:
(1)
Rationally based on the perception of the witness;
(2)
Helpful to a clear understanding of the witness's testimony or the determination of a fact in issue; and
(3)
Not based on scientific, technical, or other specialized knowledge within the scope of Code Section
24-7-702
.
(b)
Direct testimony as to market value is in the nature of opinion evidence. A witness need not be an expert or dealer in an article or property to testify as to its value if he or she has had an opportunity to form a reasoned opinion.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 7 - OPINIONS OR INFERENCES AND EXPERT TESTIMONY (§§ 24-7-701 — 24-7-707) › Section 24-7-703 - Bases of expert opinion testimony

The facts or data in the particular proceeding upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, such facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Such facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert's opinion substantially outweighs their prejudicial effect.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.