§ 24-1-104 — Preliminary questions

Georgia § 24-1-104

• Jurisdiction: Georgia
• Title: 24

Text

(a) 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. (b) 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. (c) 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. (d) The accused shall not, by testifying upon a preliminary matter, become subject to cross-examination as to other issues in the proceeding. (e) This Code section shall not limit the right of a party to introduce before the jury evidence relevant to weight or credibility.

Legislative History

Added by 2011 Ga. Laws 52,§ 2, eff. 1/1/2013.