2020 Georgia Code
Title 19 - Domestic Relations
Chapter 9 - Child Custody Proceedings
Article 3 - Uniform Child Custody Jurisdiction and Enforcement Act
Part 1 - General Provisions
§ 19-9-50. Testimony by Deposition; Electronic Deposition; Evidence Transmitted by Technological Means Not to Be Excluded

Universal Citation: GA Code § 19-9-50 (2020)
  1. In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
  2. A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
  3. Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.

(Code 1981, §19-9-50, enacted by Ga. L. 2001, p. 129, § 1.)

Law reviews.

- For annual survey on domestic relations, see 69 Mercer L. Rev. 83 (2017).

JUDICIAL DECISIONS

Grandparent's appearance by telephone denied.

- In a grandparent visitation matter, the trial court did not abuse the court's discretion in connection with the court's denial of the grandmother's request to appear by telephone, pursuant to O.C.G.A. § 19-9-50(b), because the trial court properly determined that the grandmother was not indigent based on the information provided that the grandmother's monthly income was $4,669. Devlin v. Devlin, 339 Ga. App. 520, 791 S.E.2d 840 (2016).

Cited in Drawdy v. Sasser, 335 Ga. App. 650, 782 S.E.2d 706 (2016).

RESEARCH REFERENCES

Am. Jur. 2d.

- 24 Am. Jur. 2d, Divorce and Separation, §§ 900, 901, 904, 919 et seq. 39 Am. Jur. 2d, Habeas Corpus, §§ 106, 107.

C.J.S.

- 27C C.J.S., Divorce, § 1036 et seq. 39A C.J.S., Habeas Corpus, § 283 et seq. 67A C.J.S., Parent and Child, § 97.

U.L.A.

- Uniform Child Custody Jurisdiction Act (U.L.A.) § 10.

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