Evidence

Georgia’s judicial system has continued to grapple with the novel Coronavirus (COVID-19) for more than two years since the Honorable Harold D. Melton, former Chief Justice of the Supreme Court of Georgia,first issued the Order Declaring Statewide Judicial Emergency on March 14, 2020. That order was extended fifteen times before finally terminating on June 30, 2021. Seemingly in response to the world of uncertainties created by COVID-19, Georgia appellate courts took the opportunity to provide some additional interpretation and explanation to various aspects of Georgia’s new Evidence Code. This Article highlights some of the continuing interpretations of Georgia’s evidence rules in Title 24 of the Official Code of Georgia Annotated (O.C.G.A.)4 for the period of June 1, 2021 through May 31, 2022.5 Specifically, this Article addresses the following topics: (1) interpretation relying on interpretations of the Federal Rules of Evidence; (2) interpretation based on Georgia authority under the former Evidence Code; and (3) utilization of both federal authority and persuasive Georgia authority applying the former Georgia Evidence Code