Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 24. EVIDENCE · Chapter 8. HEARSAY · Article 1. GENERAL PROVISIONS

24-8-807. Residual exception.

Active

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

  1. A statement not specifically covered by any law but having equivalent circumstantial guarantees of trustworthiness shall not be excluded by the hearsay rule, if the court determines that:

  2. (1)

    The statement is offered as evidence of a material fact;#

  3. (2)

    The statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and#

  4. (3)

    The general purposes of the rules of evidence and the interests of justice will best be served by admission of the statement into evidence.#

    1. However, a statement may not be admitted under this Code section unless the proponent of it makes known to the adverse party, sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent’s intention to offer the statement and the particulars of it, including the name and address of the declarant.

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, § 24-8-807, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Cross references

Residual exception, Fed. R. Evid. 807.

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-ch8-14-(v20a)-2023-pdf.pdf, Volume V20A, 2023 edition, pages 225 to 226; merge action: annotated; file SHA-256 5c80296e7624.