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

§ 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: 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; Criminal proceedings before grand juries; Proceedings for extradition or rendition; Proceedings for revoking parole; Proceedings for the issuance of warrants for arrest and search warrants except as provided by subsection (b) of Code Section 17-4-40; Proceedings with respect to release on bond; Dispositional hearings and custody hearings in juvenile court; or Contempt proceedings in which the court, pursuant to subsection (a) of Code Section 15-1-4, may act summarily. In criminal commitment or preliminary hearings in any court, the rules of evidence shall apply except that hearsay shall be admissible. In in rem forfeiture proceedings, the rules of evidence shall apply except that hearsay shall be admissible in determining probable cause or reasonable cause. In presentence hearings, the rules of evidence shall apply except that hearsay and character evidence shall be admissible. 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. (Code 1981, § 24-1-2 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.) Cross references. - Applicability of the rules, Fed. R. Evid. 1101. Law reviews. - For article on the 2011 enactment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011). For annual survey of evidence law, see 67 Mercer L. Rev. 63 (2015).