24-1-2. Applicability of the rules of evidence.

The rules of evidence shall apply in all trials by jury in any court in this state.#

The rules of evidence shall apply generally to all nonjury trials and other fact-finding proceedings of any court in this state subject to the limitations set forth in subsections (c) and (d) of this Code section.#

The rules of evidence, except those with respect to privileges, shall not apply in the following situations:#

1. (1)

   The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Code Section 24-1-104;#

2. (2)

   Criminal proceedings before grand juries;#

3. (3)

   Proceedings for extradition or rendition;#

4. (4)

   Proceedings for revoking parole;#

5. (5)

   Proceedings for the issuance of warrants for arrest and search warrants except as provided by subsection (b) of Code Section 17-4-40;#

6. (6)

   Proceedings with respect to release on bond;#

7. (7)

   Dispositional hearings and custody hearings in juvenile court; or#

8. (8)

   Contempt proceedings in which the court, pursuant to subsection (a) of Code Section 15-1-4, may act summarily.#

1. (1)

   In criminal commitment or preliminary hearings in any court, the rules of evidence shall apply except that hearsay shall be admissible.#

2. (2)

   In in rem forfeiture proceedings, the rules of evidence shall apply except that hearsay shall be admissible in determining probable cause or reasonable cause.#

3. (3)

   In presentence hearings, the rules of evidence shall apply except that hearsay and character evidence shall be admissible.#

4. (4)

   In administrative hearings, the rules of evidence as applied in the trial of nonjury civil actions shall be followed, subject to special statutory rules or agency rules as authorized by law.#

Except as modified by statute, the common law as expounded by Georgia courts shall continue to be applied to the admission and exclusion of evidence and to procedures at trial.#