Rule Statements

Question 1

What is hearsay?

Answer 1

An out-of-court statement offered to prove the truth of the matter asserted.

Question 2

In Georgia, how are voluntary admissions by a party-opponent classified?

Answer 2

They are considered nonhearsay.

Question 3

Does Georgia recognize the physician-patient privilege?

Answer 3

No, but it has a physician shield statute.

Question 4

Under the physician shield statute in Georgia, when must physicians release medical information?

Answer 4

Only when required by law, on written authorization of the patient, or on court order.

Question 5

What type of communications are excluded from privilege in Georgia on public policy grounds?

Answer 5

Communications between spouses.

Question 6

For spousal communication privilege to apply, what two conditions must be met?

Answer 6

• Communication must be made during a valid marriage
• Communication must rely on the intimacy of the marital relationship

Question 7

When are communications between an accountant and a client privileged?

Answer 7

If made in a professional capacity and within the scope of representation.

Question 8

What type of communications are privileged between an attorney and client?

Answer 8

Confidential communications made during professional consultation.

Question 9

What defines a communication as ‘confidential’?

Answer 9

Not intended to be disclosed to third persons, except for those necessary for legal services or transmission.

Question 10

Are communications made in the known presence of a third person privileged?

Answer 10

No, they are not privileged.

Question 11

In Georgia civil actions alleging an unanticipated outcome of medical care, what type of statements are inadmissible?

Answer 11

Statements expressing sympathy, mistake, or a general sense of benevolence.

Question 12

Do inadmissible statements by healthcare providers constitute an admission of liability?

Answer 12

No, they do not constitute an admission of liability or an admission against interest.

Question 13

In a Georgia civil case involving injury or disease, what is admissible regarding medical reports?

Answer 13

Medical reports in narrative form representing history, examination, diagnosis, treatment, prognosis, or interpretation.

Question 14

What can be included in a medical report regarding the origin of an injury or disease?

Answer 14

The opinion of the person signing the report.

Question 15

What does the collateral source rule state?

Answer 15

Damages are not reduced by benefits received from another source.

Question 16

Can defendants introduce evidence of financial aid from other sources in Georgia?

Answer 16

No, they may not introduce such evidence.

Question 17

What is the primary source of evidence law in Georgia?

Answer 17

The primary source of evidence law in Georgia is Title 24 of the Georgia Code, which generally follows the Federal Rules of Evidence, with some exceptions. These Georgia evidence rules apply in all civil and criminal cases in Georgia state courts.

Question 18

How does Georgia treat evidence of subsequent remedial measures in strict liability cases?

Answer 18

In Georgia, evidence of subsequent remedial measures is admissible in strict liability cases to prove that the defendant admitted that the product was unsafe and could be made safer.

Question 19

What is the rule regarding statements by health care providers in malpractice cases in Georgia?

Answer 19

In Georgia, statements or conduct expressing sympathy, mistake, error, or a general sense of benevolence made by a health care provider to the patient, her representative, or a relative are inadmissible and do not constitute an admission of liability.

Question 20

Are involuntary confessions admissible in Georgia?

Answer 20

Involuntary confessions are inadmissible even if they are not barred by the hearsay rule.

Question 21

What is the rule regarding evidence obtained through wiretapping in Georgia?

Answer 21

Any evidence obtained in violation of Georgia’s wiretapping and surveillance statutes is inadmissible except for the purpose of proving a violation of the statute.

Question 22

When is a person’s criminal history record information inadmissible in Georgia civil proceedings?

Answer 22

A person’s criminal history record information is not admissible in a civil proceeding against an employer based on the conduct of an employee if it is not relevant, if it is for an arrest or charge that did not result in a conviction, or if it was restricted or sealed by law.

Question 23

How can a defendant prove their good character in Georgia?

Answer 23

Georgia allows a testifying criminal defendant to testify to specific acts to establish his good character for a pertinent trait.

Question 24

What is Georgia’s rule regarding evidence of a sexual assault victim’s past behavior?

Answer 24

In Georgia, evidence relating to the past sexual behavior of the complaining witness is generally not admissible in certain criminal cases.

Question 25

What balancing test applies to evidence of a victim’s sexual behavior in Georgia civil cases?

Answer 25

Evidence of the alleged victim’s sexual behavior is admissible if its probative value substantially outweighs the danger of harm to the victim and of unfair prejudice to any party.

Question 26

When is notice of independently relevant acts not required in Georgia?

Answer 26

Notice of independently relevant acts is not required when it is offered to prove the circumstances immediately surrounding the charged crime, motive, or prior difficulties between the accused and the alleged victim.

Question 27

What is the rule regarding polygraph tests in Georgia?

Answer 27

Polygraph results are admissible only pursuant to stipulation by the defense and the state.

Question 28

How does Georgia determine the competency of child witnesses?

Answer 28

In Georgia, a child is competent to testify even if they don’t take an oath in dependency or criminal cases where the child was a victim or witness.

Question 29

What is the scope of cross-examination in Georgia?

Answer 29

Georgia permits a very broad scope for cross-examination, allowing questioning on any matter relevant to any issue in the proceeding.

Question 30

What is the rule regarding refreshing a witness’s recollection in Georgia?

Answer 30

Georgia clarifies that neither the attorney-client privilege nor attorney work product protection are waived by using covered materials to prepare a witness.

Question 31

What is the rule for lay witnesses giving opinion testimony about property value in Georgia?

Answer 31

In Georgia, a witness may give their opinion as to the market value of property even if they are not an expert, provided they had an opportunity to form a reasoned opinion.

Question 32

What are the additional requirements for expert witnesses in malpractice cases in Georgia?

Answer 32

In Georgia, an expert testifying as to a standard of care in malpractice actions must be licensed in the state and have actively practiced or taught in the relevant field for at least three of the last five years.

Question 33

Can the court call its own witnesses in Georgia?

Answer 33

In Georgia, the court may call court-appointed expert witnesses and child witnesses on its own motion.

Question 34

What types of convictions are inadmissible for impeachment purposes in Georgia?

Answer 34

In Georgia, a conviction based on a plea of nolo contendere and a final adjudication of guilt with subsequent discharge under a first offender statute are not admissible for impeachment.

Question 35

How does Georgia treat prior inconsistent statements of testifying witnesses?

Answer 35

In Georgia, a prior inconsistent statement of a witness who takes the stand is admissible as substantive evidence and is not limited to impeachment purposes.

Question 36

What is the treatment of statements by opposing parties in Georgia?

Answer 36

In Georgia, statements by an opposing party are treated as admissions and are an exception to the hearsay rule.

Question 37

What is the admissibility of a statement made by a witness who stands and is subject to cross-examination?

Answer 37

It is admissible as substantive evidence and is not limited in value only to impeachment purposes—even if the statement was not made under oath.

Question 38

How are statements by an opposing party treated under the Federal Rules?

Answer 38

A statement by an opposing party is not hearsay under the Federal Rules.

Question 39

What are statements by opposing parties called in Georgia?

Answer 39

In Georgia, these statements are called ‘admissions’ and are treated as an exception to the hearsay rule rather than as nonhearsay.

Question 40

What is the rule regarding statements by agents or employees?

Answer 40

A statement by an agent or employee is admissible against the principal if it concerned any matter within the scope of their agency or employment and was made during the existence of the agency or employment relationship.

Question 41

What does the Georgia rule clarify about statements of government agents?

Answer 41

The Georgia rule clarifies that statements of government agents are not admissions of the state in a criminal case.

Question 42

What is the admissibility of statements made by co-conspirators?

Answer 42

Statements of one conspirator made to a third party during and in furtherance of a conspiracy are admissible against co-conspirators.

Question 43

What standard must the court determine for the existence of a conspiracy?

Answer 43

The court must determine the existence of a conspiracy and the party’s participation in it by a preponderance of the evidence standard.

Question 44

What additional provisions does the Georgia rule include regarding co-conspirators?

Answer 44

The Georgia rule includes provisions that statements made during the concealment phase may be admissible and that the hearsay exclusion may apply even if the persons involved have not been charged with conspiracy.

Question 45

What is the hearsay exception for a declarant’s present state of mind?

Answer 45

A statement of the declarant’s then-existing state of mind is admissible as an exception to the hearsay rule.

Question 46

What limitation does the Georgia rule place on statements of intent?

Answer 46

The Georgia rule expressly limits statements of intent to the declarant’s own intent, not the intent of third persons.

Question 47

What is the hearsay exception for statements made for medical diagnosis or treatment?

Answer 47

A statement that describes a person’s medical history or symptoms is admissible if made for—and reasonably pertinent to—medical diagnosis or treatment.

Question 48

How do Georgia courts treat a child abuse victim’s statements identifying the abuser?

Answer 48

Georgia courts may admit a child abuse victim’s statements identifying the abuser if certain reliability factors are met.

Question 49

What are the categories for admissibility of public records and reports?

Answer 49

Records are admissible if they describe the activities of the office, describe matters observed pursuant to a duty imposed by law, or contain factual findings from an authorized investigation.

Question 50

What is the age requirement for documents to be considered ancient for authentication?

Answer 50

Documents are considered ancient if they are at least 20 years old.

Question 51

What is the hearsay exception for learned treatises?

Answer 51

The hearsay exception applies if the treatise is called to the attention of the expert witness during cross-examination or relied upon during direct examination.

Question 52

What is the Georgia exception for a child’s description of sexual contact or physical abuse?

Answer 52

An out-of-court statement by a child younger than 16 describing an act of sexual contact or physical abuse is admissible under certain conditions.

Question 53

What is the rule regarding a party’s assertion of privilege in federal court?

Answer 53

In federal court, neither counsel nor the judge may comment upon someone’s claim of privilege.

Question 54

How does Georgia treat a party’s assertion of privilege in a civil case?

Answer 54

In a civil case, a party’s assertion of a privilege may be used to draw a negative inference against the party.

Question 55

What privileges are recognized under the Federal Rules?

Answer 55

Federal courts recognize the attorney-client privilege, spousal immunity, and several others.

Question 56

What privileges does Georgia recognize?

Answer 56

Georgia recognizes the attorney-client privilege, spousal immunity, and several others including communications between mental health professionals and patients.

Question 57

What is the status of physician-patient privilege in federal courts?

Answer 57

Federal courts do not recognize a general physician-patient privilege.

Question 58

How does Georgia handle physician-patient privilege?

Answer 58

Georgia does not recognize a general physician-patient privilege but has a physician shield statute.

Question 59

What is the spousal testimonial privilege under federal law?

Answer 59

Under federal law, the privilege does not apply where the marriage is a sham.

Question 60

How does Georgia treat spousal testimonial privilege?

Answer 60

Georgia courts allow the privilege to be asserted even if the marriage was entered into to prevent testimony.

Question 61

Who owns the confidential marital communications privilege in federal law?

Answer 61

The privilege belongs to both spouses.

Question 62

Who owns the confidential marital communications privilege in Georgia?

Answer 62

In Georgia, the privilege belongs to the communicator-spouse.

Question 63

What exceptions apply to marital privileges under federal law?

Answer 63

Neither privilege applies to communications in furtherance of a joint crime or fraud, lawsuits between spouses, or crimes against the testifying spouse.

Question 64

What exceptions apply to marital privileges in Georgia?

Answer 64

Georgia does not recognize a general joint-crime/fraud exception but has specific exceptions for crimes against children and spouses.

Question 65

What is the clergy-penitent privilege in Georgia?

Answer 65

Georgia recognizes a clergy-penitent privilege for communications seeking spiritual comfort or counseling.

Question 66

What is the privilege against self-incrimination in Georgia?

Answer 66

Georgia’s privilege against self-incrimination is broad, allowing no party or witness to testify on matters that may incriminate them.

Question 67

What must most courts take judicial notice of?

Answer 67

Most courts must take judicial notice of federal public law, state public law, and official regulations.

Question 68

What does Georgia judicially recognize without proof?

Answer 68

Georgia recognizes the existence of states, laws of nations, laws of the General Assembly, and other legislative facts.