Georgia § 24-1-104 - Preliminary questions.
Full text of Georgia Official Code of Georgia Annotated § 24-1-104 — Preliminary questions., with citation guidance and answers to common questions.
§ 24-1-104. Preliminary questions.
Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subsection (b) of this Code section. In making its determination, the court shall not be bound by the rules of evidence except those with respect to privileges. Preliminary questions shall be resolved by a preponderance of the evidence standard. When the relevancy of evidence depends upon the fulfillment of a condition of fact, the court shall admit it upon, or subject to, the introduction of evidence sufficient to support a finding of the fulfillment of the condition. Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be conducted out of the hearing of the jury when the interests of justice require or when an accused is a witness and requests a hearing outside the presence of the jury. The accused shall not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the proceeding. This Code section shall not limit the right of a party to introduce before the jury evidence relevant to weight or credibility. (Code 1981, § 24-1-104 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.) Cross references. - Preliminary questions, Fed. R. Evid. 104. Law reviews. - For article, "Dancing with the Big Boys: Georgia Adopts (most of) the Federal Rules of Evidence," see 63 Mercer L. Rev. 1 (2011). For annual survey on evidence, see 65 Mercer L. Rev. 125 (2013). For annual survey of evidence law, see 67 Mercer L. Rev. 63 (2015).
Frequently Asked Questions About Georgia § 24-1-104
What does Official Code of Georgia Annotated § 24-1-104 cover?
Section 24-1-104 ("Preliminary questions.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 24-1-104?
A common citation format is "Official Code of Georgia Annotated § 24-1-104" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 24-1-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.