Judicial Notice
The federal rules only address judicial notice of adjudicative facts. However, in GA,
courts may also address judicial notice of legislative facts, which are facts that
help a court or agency understand why a law was made and how the law should
be applied.
Judicial Control of Process – Lawyer Improper Conduct
If a lawyer makes a prejudicial statement about a matter not in evidence in
front of jury, the judge has a duty to interpose. Upon a party’s objection, the
judge must rebuke the lawyer and instruct the jurors to disregard the
prejudicial remarks. Judge can also order a mistrial if the statement was
made by plaintiff attorney in a civil case or prosecution in a criminal case. If
the party merely objects without request for instructions for jury or a motion
for mistrial, the issue is not preserved for appeal. The grant of mistrial is
reviewed on an abuse of discretion standard.
Scope of Cross-examination
Unlike the federal rules where the scope of cross examination is usually
limited to subject matter of direct examination and credibility of witness, GA
allows cross examination of a witness on any matter relevant to any issue in
the case.
Rebuttable Presumption
In GA, a rebuttable presumption does not burst once the opposing party
produces contrary evidence. The presumption will be included in the jury
instructions, and the presumption disappears only if the jury determines
that the evidence is sufficient to rebut the presumption.
Character Evidence Through Specific Acts
In general, a defendant may only introduce evidence of his good character
through opinion or reputation. However, in Georgia, a defendant testifying in
a criminal case may also establish his character through specific instances of
defendant’s conduct.
Notice to Use Prior Acts as Evidence
In Georgia, the prosecution must provide notice if it intends to use prior acts
as MIMIC evidence, unless the court excuses the notice requirement upon
good cause. However, notice is not required to show circumstances
immediately surrounding the crime charged, motive, or prior difficulties
between the defendant and the victim.
Accomplice Testimony
The testimony of one witness is generally sufficient to establish a fact.
However, in a felony case, a fact cannot be proved solely by the testimony of
an accomplice. Additional evidence or witnesses are needed.
Bias
In Georgia, an attorney may cross examine a witness and establish bias of
the witness by showing bias related to the facts and a self-interested motive
to lie.
Expert Witness Qualification
Georgia applies the Duabert analysis to see if a witness is qualified as an
expert witness. The Duabert test determines whether a particular procedure
or technique has reached a scientific stage of verifiable certainty.
Spousal Privilege Exception
Spousal privilege does not apply when one spouse is charged with a crime
against a child under 18, when the spouse is charged with causing physical
damage to the couple’s joint or separate property, or when the alleged crime
against a current spouse occurred before lawful marriage.
Physician-patient Privilege
Georgia does not recognize the physician-patient privilege. However, Georgia
does have a physician’s shield statute providing that a physician or hospital is
not required to release a patient’s medical information except when
authorized by patient or required by court order, or when the patient puts
the treatment or their injuries at issue in the judicial proceeding.
Statement of Sympathy in Medical Malpractice Cases
In Georgia, in any medical malpractice cases, a statement or conduct
expressing sympathy, regret, apology, mistake made by a healthcare provider
or their agents are not admissible to show liability.
Privilege against Self-incrimination
In Georgia, the accused may not be compelled to give evidence for or against
the accused.
Other privileges
Religious privilege: Georgia recognizes privilege for confidential
communications made to a minister, priest, rabbi, or similar functionary by a
person professing religious faith or seeking counselling.
Accountant-client privilege: Georgia recognizes a privilege for confidential
communications made by a client to a certified public accountant (CPA).
Subsequent Remedial Measures
In Georgia, subsequent remedial measures are admissible to prove product
liability of a manufacturer.
Sexual Conduct of Victim
In Georgia, the past sexual behavior of a victim is generally not admissible.
However, it may be admissible when it was introduced (1) to prove someone
else was the source of semen/injury, (2) to support that the defendant
reasonably believed that the victim consented to sex, (3) or as prior sexual
acts with the defendant or another person if offered by the prosecutor and
(4) where exclusion of such evidence would violate defendant’s
constitutional rights.
Not Hearsay
Statement by a child under 16 about abuse: In Georgia, a statement by a
child under 16 describing sexual contact or physical abuse is admissible
through the testimony of others, if the adverse party is given notice, the
child can testify at trial and the person to whom the statement was made
should be cross-examined. Similarly, a statement about abuse by a mentally
incapacitated adult who is 17 years or older is also admissible following the
same procedure.
Prior inconsistent statement
Unlike the Federal Rules, Georgia does not require a witness’s prior
inconsistent statement to be made under oath. If a witness is examined
about a prior inconsistent statement and was unable to recall making it, then
extrinsic evidence may be introduced as proof of the prior inconsistent
statement.
Statement Made during Concealment Phase of
Conspiracy
A statement made during the concealment phase of conspiracy is not
hearsay. Also, a conspiracy need not be charged for this rule to apply.