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Official Code of Georgia Annotated

Title 24. EVIDENCE · Chapter 6. WITNESSES · Article 1. GENERAL PROVISIONS

24-6-613. Prior statements of witnesses.

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

  1. (a)

    In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time; provided, however, upon request the same shall be shown or disclosed to opposing counsel.#

  2. (b)

    Except as provided in Code Section 24-8-806, extrinsic evidence of a prior inconsistent statement by a witness shall not be admissible unless the witness is first afforded an opportunity to explain or deny the prior inconsistent statement and the opposite party is afforded an opportunity to interrogate the witness on the prior inconsistent statement or the interests of justice otherwise require. This subsection shall not apply to admissions of a party-opponent as set forth in paragraph (2) of subsection (d) of Code Section 24-8-801.#

  3. (c)

    A prior consistent statement shall be admissible to rehabilitate a witness if the prior consistent statement logically rebuts an attack made on the witness’s credibility. A general attack on a witness’s credibility with evidence offered under Code Section 24-6-608 or 24-6-609 shall not permit rehabilitation under this subsection. If a prior consistent statement is offered to rebut an express or implied charge against the witness of recent fabrication or improper influence or motive, the prior consistent statement shall have been made before the alleged recent fabrication or improper influence or motive arose.#

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, § 24-6-613, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Cross references

Witness’s prior statement, Fed. R. Evid. 613.

Law reviews

For article, “The Need For a Special Exception to the Hearsay Rule in Child Sexual Abuse Cases,” see 21 Ga. St. B.J. 50 (1984).

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, page 582; merge action: annotated; file SHA-256 f2f9d1712dd4.