2021 Georgia Code
Title 24 - Evidence
Chapter 6 - Witnesses
Article 1 - General Provisions
§ 24-6-601. General Rule of Competency
Except as otherwise provided in this chapter, every person is competent to be a witness.
(Code 1981, §24-6-601, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)
Cross references.- Adultery generally, § 16-6-19.
Child abandonment generally, § 19-10-1.
Testimony as to child's description of sexual contact or physical abuse, § 24-8-820.
Competency to testify in general, Fed. R. Evid. 601.
Law reviews.- For article, "The Evidence Code and Cases Instituted in Consequence of Adultery," see 15 Ga. St. B.J. 176 (1979). For article, "The Need for a Special Exception to the Hearsay Rule in Child Sexual Abuse Cases," see 21 Ga. St. B.J. 50 (1984). For article, "An Analysis of Georgia's Proposed Rules of Evidence," see 26 Ga. St. B.J. 173 (1990). For note discussing the admissibility of husband and wife's testimony concerning nonaccess in determining the legitimacy of a child, see 6 Ga. St. B.J. 448 (1970). For note, "The Georgia Child Hearsay Statute, and the Sixth Amendment: Is There a Confrontation?," see 10 Ga. St. U.L. Rev. 367 (1994). For comment discussing the effect of mental unsoundness on the competency of witnesses, in light of O'Shea v. Jewel Tea Co., 233 F.2d 530 (9th Cir. 1956), see 19 Ga. B.J. 533 (1957). For comment on Western & A.R.R. v. Hart, 95 Ga. App. 810, 99 S.E.2d 302 (1957), holding that the accuracy of the opinion of a 12 year old as to the speed of a train is a matter for the jury to decide and its admission into evidence was not error, see 20 Ga. B.J. 395 (1958). For comment on Bacon v. State, 222 Ga. 151, 149 S.E.2d 111 (1966), see 18 Mercer L. Rev. 506 (1967).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Role of Court
- Objection Requirement
- Children
- Insane Persons
- Retarded Persons
- Application in Other Circumstances
RESEARCH REFERENCES
Am. Jur. 2d.
- 81 Am. Jur. 2d, Witnesses, §§ 78 et seq., 82, 86 et seq., 160 et seq., 180 et seq., 195, 203, 204, 681 et seq.
C.J.S.- 98 C.J.S. (Rev), Witnesses, §§ 92, 108 et seq., 102, 124 et seq., 132 et seq., 215, 216, 238, 245, 270, 290, 447.
ALR.
- Exhibition of child in criminal prosecution, or civil action, for seduction, 1 A.L.R. 622.
Competency of hospital physician or attendant to testify as to condition of patient, 22 A.L.R. 1217.
Mental condition as affecting competency of witness, 26 A.L.R. 1491; 148 A.L.R. 1140.
Competency or qualification of witness who had not seen or examined property before fire to testify as to damage by fire, 33 A.L.R. 297.
Competency of witness to testify as to his own age, 39 A.L.R. 376.
Insanity of witness as ground of writ of error coram nobis, 43 A.L.R. 1387.
Admissibility and probative force, on issue as to mental condition, of evidence that one had been adjudged incompetent or insane, or had been confined in insane asylum, 68 A.L.R. 1309.
Infant's admissions out of court as evidence in civil cases, 89 A.L.R. 708; 12 A.L.R.3d 1051.
May question as to qualification or competency of witness be raised by or upon motion for nonsuit or for directed verdict, absent objection on that ground when testimony was given, 93 A.L.R. 788.
Refusal to permit an otherwise competent witness to take witness stand because of mental or physical condition not amounting to unsoundness of mind, 97 A.L.R. 893.
Competency of testimony as to one's mental condition, based upon handwriting, 103 A.L.R. 900.
Judge as a witness in a cause on trial before him, 157 A.L.R. 315.
Competency of child as witness as affected by fact that his prosecution for perjury is prohibited, 159 A.L.R. 1102.
Review on appeal of decision of trial court as to qualification or competency of expert witnesses, 166 A.L.R. 1067.
Conviction in another jurisdiction as disqualifying witness, 2 A.L.R.2d 579.
Right of one against whom testimony is offered to invoke privilege of communication between others, 2 A.L.R.2d 645.
Testimony of children as to grounds of divorce of their parents, 2 A.L.R.2d 1329.
Competence, as against principal, of statements by agent to prove scope, as distinguished from fact, of agency, 3 A.L.R.2d 598.
Effect of voluntary statements damaging to accused, not proper subject of testimony, uttered by testifying police or peace officer, 8 A.L.R.2d 1013.
Alleged incompetent as witness in lunacy inquisition, 22 A.L.R.2d 756.
Admissibility of deposition of child of tender years, 30 A.L.R.2d 771.
New trial in criminal case because of newly discovered evidence as to sanity of prosecution witness, 49 A.L.R.2d 1247.
Court's witnesses (other than expert) in criminal prosecution, 67 A.L.R.2d 538.
Competency of young child as witness in civil case, 81 A.L.R.2d 386.
Admissibility of evidence of train speed prior to grade-crossing accident, and competency of witness to testify thereto, 83 A.L.R.2d 1329.
Declarant's age as affecting admissibility as res gestae, 83 A.L.R.2d 1368; 15 A.L.R.4th 1043.
Competency of physician or surgeon of school of practice other than that to which defendant belongs to testify in malpractice case, 85 A.L.R.2d 1022.
Validity of indictment where grand jury heard incompetent witness, 39 A.L.R.3d 1064.
Cross-examination of witness as to his mental state or condition, to impeach competency or credibility, 44 A.L.R.3d 1203.
Rule as regards competency of husband or wife to testify as to nonaccess, 49 A.L.R.3d 212.
Power of court to control evidence or witnesses going before grand jury, 52 A.L.R.3d 1316.
Judge as witness in cause not on trial before him, 86 A.L.R.3d 633.
Trial jurors as witnesses in same state court or related case, 86 A.L.R.3d 781.
Conviction by court-martial as proper subject of cross-examination for impeachment purposes, 7 A.L.R.4th 468.
Court's witnesses (other than expert) in state criminal prosecution, 16 A.L.R.4th 352.
Appealability of state criminal court order requiring witness other than accused to undergo psychiatric examination, 17 A.L.R.4th 867.
Propriety and prejudicial effect of prosecution's calling as witness, to extract claim of self-incrimination privilege, one involved in offense charged against accused, 19 A.L.R.4th 368.
Attorney as witness for client in civil proceedings - Modern state cases, 35 A.L.R.4th 810.
Deaf-mute as witness, 50 A.L.R.4th 1188.
Insured-insurer communications as privileged, 55 A.L.R.4th 336.
Witnesses: child competency statutes, 60 A.L.R.4th 369.
Compelling testimony of opponent's expert in state court, 66 A.L.R.4th 213.
Sufficiency of evidence that witness in criminal case was hypnotized, for purposes of determining admissibility of testimony given under hypnosis or of hypnotically enhanced testimony, 16 A.L.R.5th 841.
Propriety of using prior conviction for drug dealing to impeach witness in criminal trial, 37 A.L.R.5th 319.
Admissibility of expert testimony regarding questions of domestic law, 66 A.L.R.5th 135.
Validity, construction, and application of child hearsay statutes, 71 A.L.R.5th 637.
Qualification of nonmedical psychologist to testify as to mental condition or competency, 72 A.L.R.5th 529.
Calling and interrogation of witnesses by court under Rule 614 of the Federal Rules of Evidence, 53 A.L.R. Fed. 498.
