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Official Code of Georgia Annotated

Title 24. EVIDENCE · Chapter 5. PRIVILEGES

24-5-505. Party or witness privilege.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    No party or witness shall be required to testify as to any matter which may incriminate or tend to incriminate such party or witness or which shall tend to bring infamy, disgrace, or public contempt upon such party or witness or any member of such party or witness’s family.#

  2. (b)

    Except in proceedings in which a judgment creditor or judgment creditor’s successor in interest seeks postjudgment discovery involving a judgment debtor pursuant to Code Section 9-11-69, no party or witness shall be required to testify as to any matter which shall tend to work a forfeiture of his or her estate.#

  3. (c)

    No official persons shall be called on to disclose any state matters of which the policy of the state and the interest of the community require concealment.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 24-5-505, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Cross references

Prohibition against compelled self-incrimination, Ga. Const. 1983, Art. I, Sec. I, Para. XVI.

Law reviews

For comment discussing the privilege against answers tending to disgrace but not incriminate, see 18 Ga. B.J. 88 (1955). For comment, “The Government’s Privilege to Withhold the Identity of Informers, as Applied to Decoys,” see 20 Ga. B.J. 562 (1958). For note discussing discovery proceedings available to creditors, see 12 Ga. L. Rev. 814 (1978). For article, “Caught Between a Rock and a Hard Place: Invocation of the Privilege Against Self-Incrimination in Civil Cases,” see 15 (No. 1) Ga. St. B.J. 14 (2009).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t24-ch1-7-(v20)-2023-pdf.pdf, Volume V20, 2023 edition, pages 384 to 385; merge action: annotated; file SHA-256 f2f9d1712dd4.