reglab/statecodes huggingface dataset:
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 24-7-704 - Ultimate issue opinion

(a)
Except as provided in subsection (b) of this Code section, testimony in the form of an opinion or inference otherwise admissible shall not be objectionable because it embraces an ultimate issue to be decided by the trier of fact.
(b)
No expert witness testifying with respect to the mental state or condition of an accused in a criminal proceeding shall state an opinion or inference as to whether the accused did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trier of fact alone.
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 24-7-705 - Disclosure of facts or data underlying expert opinion

An expert may testify in terms of opinion or inference and give reasons therefor without first testifying to the underlying facts or data, unless the court requires otherwise. An expert may in any event be required to disclose the underlying facts or data on cross-examination.
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 24-7-706 - Court appointed experts

Except as provided in Chapter 7 of Title 9 or Code Section
17-7-130.1
,
17-10-66
,
29-4-11
,
29-5-11
,
31-14-3
,
31-20-3
,
44-6-166.1
,
44-6-184
, or
44-6-187
, the following procedures shall govern the appointment, compensation, and presentation of testimony of court appointed experts:
(1)
The court on its own motion or on the motion of any party may enter an order to show cause why any expert witness should not be appointed and may request the parties to submit nominations. The court may appoint any expert witnesses agreed upon by the parties and may appoint expert witnesses of its own selection. An expert witness shall not be appointed by the court unless the witness consents to act. Each appointed expert witness shall be informed of his or her duties by the court in writing, a copy of which shall be filed with the clerk, or at a conference in which the parties shall have opportunity to participate. Each appointed expert witness shall advise the parties of his or her findings, if any. Except as provided in Article 3 of Chapter 12 or Article 6 of Chapter 13 of this title, such witness's deposition may be taken by any party. Such witness may be called to testify by the court or any party. Each expert witness shall be subject to cross-examination by each party, including a party calling the witness;
(2)
Appointed expert witnesses shall be entitled to reasonable compensation in whatever sum the court allows. The compensation fixed shall be payable from funds which may be provided by law in criminal proceedings and civil proceedings involving just compensation for the taking of property. In other civil proceedings, the compensation shall be paid by the parties in such proportion and at such time as the court directs and thereafter charged in like manner as other costs;
(3)
In the exercise of its discretion, the court may authorize disclosure to the jury of the fact that the court appointed the expert witness; and
(4)
Nothing in this Code section shall limit a party in calling expert witnesses of the party's own selection.
Amended by 2012 Ga. Laws 585,§ 3, 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 7 - OPINIONS OR INFERENCES AND EXPERT TESTIMONY (§§ 24-7-701 — 24-7-707) › Section 24-7-707 - [Repealed]

Repealed by 2022 Ga. Laws 743,§ 2, eff. 7/1/2022.
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 8 - HEARSAY (§§ 24-8-801 — 24-8-827) › Article 1 - GENERALLY (§§ 24-8-801 — 24-8-807) › Section 24-8-802 - Hearsay rule

Hearsay shall not be admissible except as provided by this article; provided, however, that if a party does not properly object to hearsay, the objection shall be deemed waived, and the hearsay evidence shall be legal evidence and admissible.
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 8 - HEARSAY (§§ 24-8-801 — 24-8-827) › Article 1 - GENERALLY (§§ 24-8-801 — 24-8-807) › Section 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.
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 8 - HEARSAY (§§ 24-8-801 — 24-8-827) › Article 1 - GENERALLY (§§ 24-8-801 — 24-8-807) › Section 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.
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 8 - HEARSAY (§§ 24-8-801 — 24-8-827) › Article 1 - GENERALLY (§§ 24-8-801 — 24-8-807) › Section 24-8-807 - Residual exception

A statement not specifically covered by any law but having equivalent circumstantial guarantees of trustworthiness shall not be excluded by the hearsay rule, if the court determines that:
(1)
The statement is offered as evidence of a material fact;
(2)
The statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and
(3)
The general purposes of the rules of evidence and the interests of justice will best be served by admission of the statement into evidence.
However, a statement may not be admitted under this Code section unless the proponent of it makes known to the adverse party, sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant.
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 8 - HEARSAY (§§ 24-8-801 — 24-8-827) › Article 2 - ADMISSIONS AND CONFESSIONS (§§ 24-8-820 — 24-8-827) › Section 24-8-820 - Testimony as to child's description of sexual contact or physical abuse

(a)
A statement made by a child younger than 16 years of age describing any act of sexual contact or physical abuse performed with or on such child by another or with or on another in the presence of such child shall be admissible in evidence by the testimony of the person to whom made if the proponent of such statement provides notice to the adverse party prior to trial of the intention to use such out-of-court statement and such child testifies at the trial, unless the adverse party forfeits or waives such child's testimony as provided in this title, and, at the time of the testimony regarding the out-of-court statements, the person to whom the child made such statement is subject to cross-examination regarding the out-of-court statements.
(b)
This Code section shall apply to any motion made or hearing or trial commenced on or after April 18, 2019.
Amended by 2019 Ga. Laws 31,§ 6, eff. 4/18/2019.
Amended by 2013 Ga. Laws 84,§ 13, 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 8 - HEARSAY (§§ 24-8-801 — 24-8-827) › Article 2 - ADMISSIONS AND CONFESSIONS (§§ 24-8-820 — 24-8-827) › Section 24-8-821 - Admissions in pleadings

Without offering the same in evidence, either party may avail himself or herself of allegations or admissions made in the pleadings of the other.
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 8 - HEARSAY (§§ 24-8-801 — 24-8-827) › Article 2 - ADMISSIONS AND CONFESSIONS (§§ 24-8-820 — 24-8-827) › Section 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.
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 8 - HEARSAY (§§ 24-8-801 — 24-8-827) › Article 2 - ADMISSIONS AND CONFESSIONS (§§ 24-8-820 — 24-8-827) › Section 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.
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 8 - HEARSAY (§§ 24-8-801 — 24-8-827) › Article 2 - ADMISSIONS AND CONFESSIONS (§§ 24-8-820 — 24-8-827) › Section 24-8-824 - Only voluntary confessions admissible

To make a confession admissible, it shall have been made voluntarily, without being induced by another by the slightest hope of benefit or remotest fear of injury.
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 8 - HEARSAY (§§ 24-8-801 — 24-8-827) › Article 2 - ADMISSIONS AND CONFESSIONS (§§ 24-8-820 — 24-8-827) › Section 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.
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 8 - HEARSAY (§§ 24-8-801 — 24-8-827) › Article 2 - ADMISSIONS AND CONFESSIONS (§§ 24-8-820 — 24-8-827) › Section 24-8-827 - [Admissibility of sexual assault hearsay for mentally incapacitated persons age 17 or older]

(a)
As used in this Code section, the term 'mentally incapacitated' means a mental impairment that substantially affects a person's ability to provide personal protection; provide necessities, including, but not limited to, food, shelter, clothing, medical, or other healthcare; carry out the activities of daily living; or manage his or her resources.
(b)
A statement made by a person who is 17 years of age or older who is mentally incapacitated that describes any act of nonconsensual sexual contact or any act of physical abuse performed with or on such mentally incapacitated person by another, or with or on another in the presence of such mentally incapacitated person, shall be admissible in evidence by the testimony of the person to whom such statement was made if the proponent of such statement provides pretrial notice to the adverse party of the intention to use such out-of-court statement and if such mentally incapacitated person testifies at the trial, unless the adverse party forfeits or waives such person's testimony as provided in this title, and, at the time of the testimony regarding such out-of-court statement, the person to whom the mentally incapacitated person made such statement is subject to cross-examination regarding the out-of-court statement.
Added by 2024 Ga. Laws 482,§ 1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 24 - EVIDENCE (§§ 24-1-1 — 24-99-3) › Chapter 9 - AUTHENTICATION AND IDENTIFICATION (§§ 24-9-901 — 24-9-924) › Article 1 - GENERALLY (§§ 24-9-901 — 24-9-904) › Section 24-9-901 - Requirement of authentication or identification

(a)
The requirement of authentication or identification as a condition precedent to admissibility shall be satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.
(b)
By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this Code section:
(1)
Testimony of a witness with knowledge that a matter is what it is claimed to be;
(2)
Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation;
(3)
Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated. Such specimens shall be furnished to the opposite party no later than ten days prior to trial;
(4)
Appearance, contents, substance, internal patterns, or other distinctive characteristics, taken in conjunction with circumstances;
(5)
Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker;
(6)
Telephone conversations, by evidence that a call was made to the number assigned at the time by a telephone service provider to a particular person or business, if:
(A)
In the case of a person, circumstances, including self-identification, show the person answering to be the one called; or
(B)
In the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone;
(7)
Evidence that a document authorized by law to be recorded or filed and in fact recorded or filed in a public office or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept;
(8)
Evidence that a document or data compilation, in any form:
(A)
Is in such condition as to create no suspicion concerning its authenticity;
(B)
Was in a place where it, if authentic, would likely be; and
(C)
Has been in existence 20 years or more at the time it is offered;
(9)
Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result; or
(10)
Any method of authentication or identification provided by law.
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 9 - AUTHENTICATION AND IDENTIFICATION (§§ 24-9-901 — 24-9-924) › Article 1 - GENERALLY (§§ 24-9-901 — 24-9-904) › Section 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.
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 9 - AUTHENTICATION AND IDENTIFICATION (§§ 24-9-901 — 24-9-924) › Article 1 - GENERALLY (§§ 24-9-901 — 24-9-904) › Section 24-9-904 - Definitions

As used in this article, the term:
(1)
"Public office" shall have the same meaning as set forth in Code Section
24-8-801
.
(2)
"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
.
(3)
"Telephone service provider" shall have the same meaning as "voice service provider" as set forth in Code Section
46-5-231
.
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 9 - AUTHENTICATION AND IDENTIFICATION (§§ 24-9-901 — 24-9-924) › Article 2 - TYPES OF RECORDS AND EVIDENCE (§§ 24-9-920 — 24-9-924) › Section 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.
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 9 - AUTHENTICATION AND IDENTIFICATION (§§ 24-9-901 — 24-9-924) › Article 2 - TYPES OF RECORDS AND EVIDENCE (§§ 24-9-920 — 24-9-924) › Section 24-9-921 - Identification of medical bills; expert witness unnecessary

(a)
Upon the trial of any civil proceeding involving injury or disease, the patient or the member of his or her family or other person responsible for the care of the patient shall be a competent witness to identify bills for expenses incurred in the treatment of the patient upon a showing by such a witness that the expenses were incurred in connection with the treatment of the injury, disease, or disability involved in the subject of litigation at trial and that the bills were received from:
(1)
A hospital;
(2)
An ambulance service;
(3)
A pharmacy, drugstore, or supplier of therapeutic or orthopedic devices; or
(4)
A licensed practicing physician, dentist, orthodontist, podiatrist, physical or occupational therapist, doctor of chiropractic, psychologist, advanced practice registered nurse, social worker, professional counselor, or marriage and family therapist.
(b)
Such items of evidence need not be identified by the one who submits the bill, and it shall not be necessary for an expert witness to testify that the charges were reasonable and necessary. However, nothing in this Code section shall be construed to limit the right of a thorough and sifting cross-examination as to such items of evidence.
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 9 - AUTHENTICATION AND IDENTIFICATION (§§ 24-9-901 — 24-9-924) › Article 2 - TYPES OF RECORDS AND EVIDENCE (§§ 24-9-920 — 24-9-924) › Section 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.
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 9 - AUTHENTICATION AND IDENTIFICATION (§§ 24-9-901 — 24-9-924) › Article 2 - TYPES OF RECORDS AND EVIDENCE (§§ 24-9-920 — 24-9-924) › Section 24-9-923 - Admissibility of photographs, motion pictures, video recordings, and audio recordings when witness unavailable

(a)
As used in this Code section, the term "unavailability of a witness" includes situations in which the authenticating witness:
(1)
Is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the authentication;
(2)
Persists in refusing to testify concerning the subject matter of the authentication despite an order of the court to do so;
(3)
Testifies to a lack of memory of the subject matter of the authentication;
(4)
Is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or
(5)
Is absent from the hearing and the proponent of the authentication has been unable to procure the attendance of the authenticating witness by process or other reasonable means.
An authenticating witness shall not be deemed unavailable as a witness if his or her exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of an authentication for the purpose of preventing the witness from attending or testifying.
(b)
Subject to any other valid objection, photographs, motion pictures, video recordings, and audio recordings shall be admissible in evidence when necessitated by the unavailability of a witness who can provide personal authentication and when the court determines, based on competent evidence presented to the court, that such items tend to show reliably the fact or facts for which the items are offered.
(c)
Subject to any other valid objection, photographs, motion pictures, video recordings, and audio recordings produced at a time when the device producing the items was not being operated by an individual person or was not under the personal control or in the presence of an individual operator shall be admissible in evidence when the court determines, based on competent evidence presented to the court, that such items tend to show reliably the fact or facts for which the items are offered, provided that, prior to the admission of such evidence, the date and time of such photograph, motion picture, or video recording shall be contained on such evidence, and such date and time shall be shown to have been made contemporaneously with the events depicted in such photograph, motion picture, or video recording.
(d)
This Code section shall not be the exclusive method of introduction into evidence of photographs, motion pictures, video recordings, and audio recordings but shall be supplementary to any other law and lawful methods existing in this state.
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 9 - AUTHENTICATION AND IDENTIFICATION (§§ 24-9-901 — 24-9-924) › Article 2 - TYPES OF RECORDS AND EVIDENCE (§§ 24-9-920 — 24-9-924) › Section 24-9-924 - Admissibility of records of Department of Driver Services; admissibility of computer transmitted records

(a)
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.
(b)
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.
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 10 - BEST EVIDENCE RULE (§§ 24-10-1001 — 24-10-1008) › Section 24-10-1001 - Definitions

As used in this chapter, the term:
(1)
"Writing" or "recording" means letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, magnetic impulse, or mechanical or electronic recording or other form of data compilation.
(2)
"Photograph" includes still photographs, X-ray films, video recordings, and motion pictures.
(3)
"Original" means the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An original of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an original.
(4)
"Duplicate" means a counterpart produced by the same impression as the original or from the same matrix or by means of photography, including enlargements and miniatures, or by mechanical or electronic rerecording, chemical reproduction, or other equivalent techniques which accurately reproduce the original.
(5)
"Public record" shall have the same meaning as set forth in Code Section
24-8-801
.
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 10 - BEST EVIDENCE RULE (§§ 24-10-1001 — 24-10-1008) › Section 24-10-1002 - Requirement of original

To prove the contents of a writing, recording, or photograph, the original writing, recording, or photograph shall be required.
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 10 - BEST EVIDENCE RULE (§§ 24-10-1001 — 24-10-1008) › Section 24-10-1003 - Admissibility of duplicates

A duplicate shall be admissible to the same extent as an original unless:
(1)
A genuine question is raised as to the authenticity of the original; or
(2)
A circumstance exists where it would be unfair to admit the duplicate in lieu of the original.
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 10 - BEST EVIDENCE RULE (§§ 24-10-1001 — 24-10-1008) › Section 24-10-1004 - Admissibility of other evidence of contents of a writing, recording, or photograph

The original shall not be required and other evidence of the contents of a writing, recording, or photograph shall be admissible if:
(1)
All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith;
(2)
No original can be obtained by any available judicial process or procedure;
(3)
At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and that party does not produce the original at the hearing; or
(4)
The writing, recording, or photograph is not closely related to a controlling 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 10 - BEST EVIDENCE RULE (§§ 24-10-1001 — 24-10-1008) › Section 24-10-1005 - Public records

The contents of a public record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by duplicate, certified as correct in accordance with Code Section
24-9-902
or Code Section
24-9-920
or testified to be correct by a witness who has compared it with the original. If a duplicate which complies with this Code section cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given.
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 10 - BEST EVIDENCE RULE (§§ 24-10-1001 — 24-10-1008) › Section 24-10-1006 - Summaries

The contents of otherwise admissible voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The court may order that the contents of such writings, recordings, or photographs be produced in 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 10 - BEST EVIDENCE RULE (§§ 24-10-1001 — 24-10-1008) › Section 24-10-1007 - Testimony or written admission of party

The contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by that party's written admission, without accounting for the nonproduction of the original.
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 10 - BEST EVIDENCE RULE (§§ 24-10-1001 — 24-10-1008) › Section 24-10-1008 - Functions of court and jury

When the admissibility of other evidence of the contents of writings, recordings, or photographs under the rules of evidence depends upon the fulfillment of a condition of fact, the question of whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Code Section
24-1-104
; provided, however, that when an issue is raised as to:
(1)
Whether the asserted writing, recording, or photograph ever existed;
(2)
Whether another writing, recording, or photograph produced at the trial is the original; or
(3)
Whether other evidence of the contents correctly reflects the contents,
the issue is for the trier of fact to determine as in the case of other issues of fact.
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 11 - ESTABLISHMENT OF LOST RECORDS (§§ 24-11-1 — 24-11-29) › Article 1 - PUBLIC RECORDS (§§ 24-11-1 — 24-11-3) › Section 24-11-1 - Definitions

As used in this chapter, the term:
(1)
"Custodian" means the person charged with the duty of maintaining public records.
(2)
"Duplicate" means a counterpart which accurately reproduces the original.
(3)
"Public record" shall have the same meaning as set forth in Code Section
24-8-801
.
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 11 - ESTABLISHMENT OF LOST RECORDS (§§ 24-11-1 — 24-11-29) › Article 1 - PUBLIC RECORDS (§§ 24-11-1 — 24-11-3) › Section 24-11-2 - Establishment of lost records

(a)
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.
(b)
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.
(c)
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.
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 11 - ESTABLISHMENT OF LOST RECORDS (§§ 24-11-1 — 24-11-29) › Article 1 - PUBLIC RECORDS (§§ 24-11-1 — 24-11-3) › Section 24-11-3 - Appointment of auditor; hearing; establishment of duplicates

(a)
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.
(b)
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.
(c)
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.
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 11 - ESTABLISHMENT OF LOST RECORDS (§§ 24-11-1 — 24-11-29) › Article 2 - PRIVATE PAPERS (§§ 24-11-20 — 24-11-29) › Section 24-11-20 - Establishment of lost office papers

(a)
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.
(b)
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.
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 11 - ESTABLISHMENT OF LOST RECORDS (§§ 24-11-1 — 24-11-29) › Article 2 - PRIVATE PAPERS (§§ 24-11-20 — 24-11-29) › Section 24-11-22 - Service of nonresident debtor or maker of lost or destroyed evidence of indebtedness

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.
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 11 - ESTABLISHMENT OF LOST RECORDS (§§ 24-11-1 — 24-11-29) › Article 2 - PRIVATE PAPERS (§§ 24-11-20 — 24-11-29) › Section 24-11-23 - Procedure for establishment of lost or destroyed papers other than office paper

(a)
The owner of a lost or destroyed paper which is not an office paper, as defined in Code Section
24-11-20
, who desires to establish such paper shall present to the clerk of the superior court of the county where the maker of the paper resides, if the maker is a resident of this state, a petition in writing, together with a duplicate, in substance, of the paper lost or destroyed, as nearly as he or she can recollect, which duplicate shall be sworn to by the petitioner, the petitioner's agent, or the petitioner's attorney.
(b)
The clerk shall issue a rule nisi in the name of the judge of the superior court calling upon the opposite party to show cause, if he or she has any, why the duplicate sworn to should not be established in lieu of the lost or destroyed original. If the respondent is found in this state, the rule nisi shall be served personally upon the respondent in the manner provided by Code Section
9-11-4
at least 20 days before the sitting of the court to which the rule nisi is made returnable. If the respondent cannot be found in this state, the rule nisi shall be served upon the respondent by publication in the manner provided in Code Section
9-11-4
before the final hearing of the rule nisi.
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 11 - ESTABLISHMENT OF LOST RECORDS (§§ 24-11-1 — 24-11-29) › Article 2 - PRIVATE PAPERS (§§ 24-11-20 — 24-11-29) › Section 24-11-24 - Continuance in proceeding to establish lost or destroyed paper

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.
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 11 - ESTABLISHMENT OF LOST RECORDS (§§ 24-11-1 — 24-11-29) › Article 2 - PRIVATE PAPERS (§§ 24-11-20 — 24-11-29) › Section 24-11-25 - Establishment of lost or destroyed paper

When a rule nisi has been served as provided in Code Section
24-11-23
, the court shall grant a rule absolute establishing the duplicate of the lost or destroyed paper sworn to, unless good and sufficient cause is shown why the rule absolute should not be granted.
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 11 - ESTABLISHMENT OF LOST RECORDS (§§ 24-11-1 — 24-11-29) › Article 2 - PRIVATE PAPERS (§§ 24-11-20 — 24-11-29) › Section 24-11-26 - Furnishing certified endorsement of copy of established lost or destroyed paper

When the duplicate of the lost or destroyed paper is established, the clerk of the court in which it is done shall furnish the duplicate to the party who had it established, with a certified endorsement thereon of the day and term of the court when the rule absolute was granted, provided all costs of the proceeding have been paid.
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 11 - ESTABLISHMENT OF LOST RECORDS (§§ 24-11-1 — 24-11-29) › Article 2 - PRIVATE PAPERS (§§ 24-11-20 — 24-11-29) › Section 24-11-27 - Procedure as to action on lost or destroyed note, bill, bond, or other instrument

(a)
If the paper which has been lost or destroyed is a note, bill, bond, or other instrument upon which a proceeding may be brought, the owner may institute a proceeding thereon as soon as the rule nisi has been issued as provided for in Code Section
24-11-23
. The complaint shall set forth that the paper upon which the proceeding is based is lost or destroyed. In no case shall a judgment be entered in the proceeding until it is determined whether the application to establish the paper is granted or not. If the application is granted, then judgment shall be entered as in other proceedings.
(b)
In a proceeding as provided for in subsection (a) of this Code section, production of the paper upon which the proceeding is based shall not be demanded until the time for rendition of judgment in the proceeding; at that time, if the plaintiff produces a duplicate of the paper with a certified endorsement thereon by the clerk of the court in which it was established, as provided in Code Section
24-11-26
, it shall be taken and considered as the original.
(c)
This Code section shall not apply to instruments to which Title 11, the "Uniform Commercial Code," is applicable.
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 11 - ESTABLISHMENT OF LOST RECORDS (§§ 24-11-1 — 24-11-29) › Article 2 - PRIVATE PAPERS (§§ 24-11-20 — 24-11-29) › Section 24-11-28 - Joinder of additional party defendants in proceedings to establish lost or destroyed papers

In all proceedings for the purpose of establishing any lost or destroyed paper other than an office paper, as defined in Code Section
24-11-20
, any person whose interest will be affected by the establishment of the lost paper shall, upon motion, by order of the court, be made a party respondent in the proceeding and shall be allowed all the rights of defense against the establishment of the paper as fully as if he or she was the maker of the lost paper.
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 11 - ESTABLISHMENT OF LOST RECORDS (§§ 24-11-1 — 24-11-29) › Article 2 - PRIVATE PAPERS (§§ 24-11-20 — 24-11-29) › Section 24-11-29 - Applicability of article

Other than Code Section
24-11-20
, this article shall not apply to lost or destroyed papers to which Title 11, the "Uniform Commercial Code," is applicable.
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 12 - MEDICAL AND OTHER CONFIDENTIAL INFORMATION (§§ 24-12-1 — 24-12-31) › Article 1 - RELEASE OF MEDICAL INFORMATION AND CONFIDENTIALITY OF RAW RESEARCH DATA (§§ 24-12-1 — 24-12-2) › Section 24-12-1 - Release of medical information by physician, hospital, health care facility, or pharmacist; immunity from liability; waiver of privilege; exceptions

(a)
No physician licensed under Chapter 34 of Title 43 and no hospital or health care facility, including those operated by an agency or bureau of this state or other governmental unit, shall be required to release any medical information concerning a patient except to the Department of Public Health, its divisions, agents, or successors when required in the administration of public health programs pursuant to Code Section
31-12-2
and where authorized or required by law, statute, or lawful regulation; or on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or on appropriate court order or subpoena; provided, however, that any physician, hospital, or health care facility releasing information under written authorization or other waiver by the patient, or by his or her parents or guardian ad litem in the case of a minor, or pursuant to law, statute, or lawful regulation, or under court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any judicial proceeding. This Code section shall not apply to psychiatrists or to hospitals in which the patient is being or has been treated solely for mental illness.
(b)
No pharmacist licensed under Chapter 4 of Title 26 shall be required to release any medical information concerning a patient except on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or upon appropriate court order or subpoena; provided, however, that any pharmacist releasing information under written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or upon appropriate court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his or her care and treatment or the nature and extent of his or her injuries at issue in any judicial proceeding.
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 12 - MEDICAL AND OTHER CONFIDENTIAL INFORMATION (§§ 24-12-1 — 24-12-31) › Article 2 - CONFIDENTIALITY OF MEDICAL INFORMATION (§§ 24-12-10 — 24-12-14) › Section 24-12-10 - Definitions

As used in this article, the term:
(1)
"Confidential or privileged" means the protection afforded by law from unauthorized disclosure, whether the protection is afforded by law as developed and applied by the courts, by statute or lawful regulations, or by the requirements of the Constitutions of the State of Georgia or the United States. The term "confidential or privileged" also includes protection afforded by law from compulsory process or testimony.
(2)
"Disclosure" means the act of transmitting or communicating medical matter to a person who would not otherwise have access thereto.
(3)
"Health care facility" means any institution or place in which health care is rendered to persons, which health care includes, but is not limited to, medical, psychiatric, acute, intermediate, rehabilitative, and long-term care.
(4)
"Laws requiring disclosure" means laws and statutes of the State of Georgia and of the United States and lawful regulations issued by any department or agency of the State of Georgia or of the United States which require the review, analysis, or use of medical matter by persons not originally having authorized access thereto. The term "laws requiring disclosure" also includes any authorized practice of disclosure for purposes of evaluating claims for reimbursement for charges or expenses under any public or private reimbursement or insurance program.
(5)
"Limited consent to disclosure" means proper authorization given by or on behalf of a person entitled to protection from disclosure of medical matter and given for a specific purpose related to such person's health or related to such person's application for insurance or like benefits.
(6)
"Medical matter" means information respecting the medical or psychiatric condition, including without limitation the physical and the mental condition, of a natural person or persons, however recorded, obtained, or communicated.
(7)
"Nurse" means a person authorized by license issued under Chapter 26 of Title 43 as a registered professional nurse or licensed practical nurse to practice nursing.
(8)
"Physician" means any person lawfully licensed in this state to practice medicine and surgery pursuant to Chapter 34 of Title 43.
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 12 - MEDICAL AND OTHER CONFIDENTIAL INFORMATION (§§ 24-12-1 — 24-12-31) › Article 2 - CONFIDENTIALITY OF MEDICAL INFORMATION (§§ 24-12-10 — 24-12-14) › Section 24-12-11 - Effect of confidential or privileged character of medical records upon legally required or consensual disclosure

The disclosure of confidential or privileged medical matter constituting all or part of a record kept by a health care facility, a nurse, or a physician, pursuant to laws requiring disclosure or pursuant to limited consent to disclosure, shall not serve to destroy or in any way abridge the confidential or privileged character thereof, except for the purpose for which such disclosure is made.
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 12 - MEDICAL AND OTHER CONFIDENTIAL INFORMATION (§§ 24-12-1 — 24-12-31) › Article 2 - CONFIDENTIALITY OF MEDICAL INFORMATION (§§ 24-12-10 — 24-12-14) › Section 24-12-12 - Disclosure of medical records - Use of medical matter disclosed

Persons to whom confidential or privileged medical matter is disclosed in the circumstances described in Code Section
24-12-11
shall utilize such matter only in connection with the purpose or purposes of such disclosure and thereafter shall keep such matter in confidence. However, nothing in this article shall prohibit the use of such matter where otherwise authorized by law.
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 12 - MEDICAL AND OTHER CONFIDENTIAL INFORMATION (§§ 24-12-1 — 24-12-31) › Article 2 - CONFIDENTIALITY OF MEDICAL INFORMATION (§§ 24-12-10 — 24-12-14) › Section 24-12-13 - Immunity from liability for required or consensual disclosure of medical records

Any person, corporation, authority, or other legal entity acting in good faith shall be immune from liability for the transmission, receipt, or use of medical matter disclosed pursuant to laws requiring disclosure or pursuant to limited consent to disclosure.
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 12 - MEDICAL AND OTHER CONFIDENTIAL INFORMATION (§§ 24-12-1 — 24-12-31) › Article 2 - CONFIDENTIALITY OF MEDICAL INFORMATION (§§ 24-12-10 — 24-12-14) › Section 24-12-14 - Construction of article in relation to educational purposes

Nothing in this article shall be construed to prevent the customary and usual audit, discussion, and presentation of cases in connection with medical and public education.
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 12 - MEDICAL AND OTHER CONFIDENTIAL INFORMATION (§§ 24-12-1 — 24-12-31) › Article 3 - AIDS INFORMATION (§§ 24-12-20 — 24-12-21) › Section 24-12-20 - Confidential nature of AIDS information

AIDS confidential information as defined in Code Section
31-22-9.1
and disclosed or discovered within the patient-physician relationship shall be confidential and shall not be disclosed except as otherwise provided in Code Section
24-12-21
.
Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.