Admissible evidence is evidence that a court will allow to be considered in deciding a case. Not everything a party wishes to present can be used. Courts apply rules that filter what reaches the judge or jury, with the goal of keeping the decision based on reliable, fair, and relevant information. This guide explains what makes evidence admissible under Georgia law, the rules that govern the question, and the major concepts that determine whether a piece of evidence can be used.
The Georgia Evidence Code
Evidence in Georgia courts is governed by the Georgia Evidence Code, found at Title 24 of the Official Code of Georgia Annotated. Georgia adopted a modernized Evidence Code that took effect on January 1, 2013. The current Code is closely modeled on the Federal Rules of Evidence, with some Georgia-specific provisions. Because of that close relationship, federal decisions interpreting the corresponding federal rules can be a useful guide to how a Georgia provision is understood, though Georgia courts apply Georgia law.
The Evidence Code covers relevance, privileges, the competency and examination of witnesses, opinion and expert testimony, hearsay, authentication, and the methods of proving the contents of documents and other materials.
Relevance: The Starting Point
The first requirement for admissibility is relevance. Evidence is relevant when it has a tendency to make a fact that matters to the case more or less probable than it would be without the evidence. Evidence that does not relate to a fact of consequence is not relevant and is not admissible.
Relevance alone does not guarantee admission. The Georgia Evidence Code allows a court to exclude relevant evidence when its value in proving a point is substantially outweighed by the danger of unfair prejudice, by confusion of the issues, by misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. This balancing gives the trial court discretion to keep out evidence that, although technically relevant, would do more harm to a fair trial than good.
The Hearsay Rule
One of the most significant limits on admissibility is the rule against hearsay. Hearsay is a statement made outside the current proceeding that a party offers to prove the truth of the matter asserted in the statement. The concern with hearsay is reliability. The person who made the original statement was not under oath and not subject to cross-examination at the time, so the statement cannot be tested in the usual way.
Under the Georgia Evidence Code, hearsay is generally not admissible unless an exception applies. The Code also provides that if a party does not properly object to hearsay, the objection is treated as waived, and the hearsay may be considered as legal evidence.
Exceptions to the Hearsay Rule
The Evidence Code recognizes many exceptions under which an out-of-court statement may be admitted despite being hearsay. These exceptions reflect circumstances in which a statement is considered reliable enough to be used.
Examples of recognized exceptions include the present sense impression, which is a statement describing an event made while the person was perceiving it or immediately afterward; the excited utterance, which is a statement relating to a startling event made while the person was still under the stress of excitement caused by it; and statements of a person’s then-existing mental, emotional, or physical condition. The Code addresses additional categories as well, including certain records of regularly conducted activity and public records. Separately, the Code treats a party’s own statement offered against that party as admissible, so an admission by a party is generally not excluded by the hearsay rule.
Authentication and the Original Document Rule
Before an item such as a document, a photograph, or an electronic record can be admitted, it generally must be authenticated. Authentication means producing enough evidence to support a finding that the item is what its proponent claims it to be. This can be done in various ways, including testimony from a witness with knowledge.
The Evidence Code also addresses how the contents of writings, recordings, and photographs are proved. As a general matter, the original is required to prove the contents, although the Code recognizes circumstances in which duplicates or other evidence of the contents are permitted.
Witnesses, Opinion, and Expert Testimony
Most evidence reaches a court through the testimony of witnesses. The Evidence Code addresses the competency of witnesses, the requirement that a witness generally testify from personal knowledge, and the taking of an oath or affirmation.
The Code distinguishes between lay opinion and expert opinion. A lay witness may offer opinions that are rationally based on the witness’s own perception and that help the fact finder. Expert testimony, by contrast, involves specialized knowledge, and the Code sets standards for when an expert may testify and how the reliability of expert opinion is assessed. The trial court acts as a gatekeeper in evaluating proposed expert testimony.
Privileges
Some evidence is excluded not because it is unreliable but because the law protects the confidentiality of certain relationships and communications. Georgia recognizes privileges, such as the attorney-client privilege and other recognized confidential relationships. When a privilege applies, the protected communications may be kept out of evidence even though they might otherwise be relevant and reliable.
How Admissibility Is Decided
Admissibility is decided by the trial judge. When a party objects to evidence, the judge rules on whether it may be considered. These rulings are made under the Evidence Code and, on many issues, are reviewed on appeal under a deferential abuse of discretion standard. The Code also reflects the principle that an objection generally must be made in a timely and specific way to preserve the issue, which is why an unchallenged piece of hearsay can become usable evidence.
Summary
Admissible evidence is evidence a court will permit a judge or jury to consider, and in Georgia the question is governed by the Evidence Code at Title 24, effective January 1, 2013, and modeled on the Federal Rules of Evidence. Evidence must be relevant, and even relevant evidence can be excluded when its value is substantially outweighed by unfair prejudice or similar concerns. Hearsay is generally barred unless an exception applies, items must be authenticated, witnesses generally testify from personal knowledge, expert testimony is screened for reliability, and privileges protect certain confidential communications. The trial judge decides admissibility under these rules.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
For these reasons, no one should rely on this article as a substitute for advice from a licensed Georgia attorney who can review the particular facts involved. The author and publisher make no warranty, express or implied, regarding the accuracy, completeness, timeliness, or applicability of the information provided, and disclaim any liability for any action taken or not taken based on this content.