2021 Georgia Code
Title 24 - Evidence
Chapter 7 - Opinions and Expert Testimony
§ 24-7-707. Expert Opinion Testimony in Criminal Proceedings

In criminal proceedings, the opinions of experts on any question of science, skill, trade, or like questions shall always be admissible; and such opinions may be given on the facts as proved by other witnesses.

(Code 1981, §24-7-707, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

- Discovery of facts known and opinions held by expert witnesses, § 9-11-26(b)(4).

Admissibility of medical tests and blood tests in proceedings to determine paternity, § 19-7-46.

DNA sampling, collection, and analysis, § 35-3-160.

- For article analyzing Georgia business entries provisions, see 4 Mercer L. Rev. 313 (1953). For article, "The Skeleton in the Closet: The Battered Woman Syndrome, Self-Defense, and Expert Testimony," see 39 Mercer L. Rev. 545 (1988). For article, "Georgia's New Expert Witness Rule: Daubert and More," see 11 Ga. St. B.J. 16 (2005). For annual 11th Circuit survey of evidence law, see 56 Mercer L. Rev. 1273 (2005). For annual survey of evidence law, see 57 Mercer L. Rev. 187 (2005). For article, "Symposium on Evidence Reform: A Tale of Two Dauberts," see 47 Ga. L. Rev. 889 (2013). For annual survey on evidence law, see 70 Mercer L. Rev. 97 (2018). For note on the chiropractor as an expert witness, see 15 Mercer L. Rev. 431 (1964). For note on admissibility of expert psychological testimony in Georgia, see 4 Ga. St. U.L. Rev. 117 (1988). For note, "Exiting Twilight Zone: Changes in the Standard for Admissibility of Scientific Evidence in Georgia," see 10 Ga. St. U.L. Rev. 401 (1994). For note, "Kumho Tire Co. v. Carmichael: Daubert's Gatekeeping Method Expanded To Apply To All Expert Testimony," see 51 Mercer L. Rev. 1325 (2000).

ANALYSIS

• General Consideration
• Procedural Considerations
• Qualification as Expert
• Appointment of Expert by Court
• Basis for Opinion
• Hypothetical Questions
• Weight of Opinion Evidence
• Cross-Examination
• Illustrations

10A Am. Jur. Pleading and Practice Forms, Expert and Opinion Evidence, § 2.

Criminal Law - The Battered Woman Defense, 34 POF2d 1.

Proof of Identification of Bite Marks, 75 POF3d 317.

Defense Use of Economist, 31 Am. Jur. Trials 287.

- 32 C.J.S., Evidence, §§ 593, 594, 607, 608, 732, 733, 737 et seq., 758 et seq.

- Opinion or expert evidence as to whether pain is real or feigned, or as to its severity, 28 A.L.R. 362; 97 A.L.R. 1284.

Dental condition as subject of expert testimony; qualification of witness as expert, 49 A.L.R. 666.

Competency of physician or surgeon as an expert witness as affected by the fact that he is not a specialist, 54 A.L.R. 860.

Admissibility of opinion of medical expert as affected by his having heard the person in question give the history of his case, 65 A.L.R. 1217; 51 A.L.R.2d 1051.

Right of witness to give summary based on inspection of number of documents, 66 A.L.R. 1206.

Constitutionality of statutes relating to expert witnesses, 71 A.L.R. 1017.

Expert testimony to interpret or explain or draw conclusion from photograph, 77 A.L.R. 946.

Testimony of expert witness as to ultimate fact, 78 A.L.R. 755.

Right of witness to state his opinions or conclusion, based on examination of books and accounts, as to solvency or insolvency, 81 A.L.R. 1431.

Hypothetical questions in case of expert witness who has personal knowledge or observation of facts, 82 A.L.R. 1338.

Right of expert to give an opinion based on testimony of other witnesses not incorporated in a hypothetical question, 82 A.L.R. 1460.

Opinion evidence directly as to the ultimate question of the amount of damage to property, 86 A.L.R. 1449.

Opinion evidence as to speed of automobile, 94 A.L.R. 1190.

Testimony of expert predicated in whole or in part upon opinions, inferences, or conclusions of others, 98 A.L.R. 1109.

Right of expert witness to testify as to "total disability" or other physical condition contemplated by specific provision of insurance policy, 111 A.L.R. 603.

Necessity of expert evidence to warrant submission to jury of issue as to permanency of injury or as to future pain and suffering, or to sustain award of damages on that basis, 115 A.L.R. 1149.

Opinion or expert testimony as to materiality of misrepresentation in application for insurance or as to increase of risk or as to practice or usage of insurance companies regarding acceptance or rejection of certain class of risk, 135 A.L.R. 411.

Sufficiency of expert evidence to establish causal relation between accident and physical condition or death, 135 A.L.R. 516.

Opinion or expert evidence regarding loss or time of loss within fidelity bond, 135 A.L.R. 1145.

Opinion evidence as to distance within which automobile can be stopped, 135 A.L.R. 1404.

Admissibility of opinion evidence as to cause of death, disease, or injury, 136 A.L.R. 965; 66 A.L.R.2d 1082.

Expert or opinion evidence regarding lights on automobiles and the distance at which lights will "pick up" an object, 137 A.L.R. 753.

Necessity of expert evidence to support an action for malpractice against a physician or surgeon, 141 A.L.R. 5; 81 A.L.R.2d 597.

Safety of condition, place, or appliance as proper subject of expert or opinion evidence in tort actions, 146 A.L.R. 5; 62 A.L.R.2d 1426.

Probative value of opinion testimony of handwriting experts that document is not genuine, opposed to testimony of persons claiming to be attesting witnesses, 154 A.L.R. 649.

Comments in judge's charge to jury disparaging expert testimony, 156 A.L.R. 530.

Review on appeal of decision of trial court as to qualification or competency of expert witnesses, 166 A.L.R. 1067.

Testimony of physician based on information from third persons regarding physical condition or symptoms of person in question, 175 A.L.R. 274.

Unaccepted offer for purchase or sale of real property as evidence of value, 7 A.L.R.2d 781.

Proof of prospective earning capacity of student or trainee, or of its loss, in action for personal injury or death, 15 A.L.R.2d 418.

Expert evidence to identify gun from which bullet or cartridge was fired, 26 A.L.R.2d 892.

Necessity of expert testimony to show causal connection between medical treatment necessitated by injury for which defendant is liable and allegedly harmful effects of such treatment, 27 A.L.R.2d 1263.

Cross-examination of expert witness as to fees, compensation, and the like, 33 A.L.R.2d 1170.

Blood grouping tests, 46 A.L.R.2d 1000.

Admissibility of opinion evidence of lay witnesses as to diseases and physical condition of animals, 49 A.L.R.2d 932.

Chiropractor's competency as expert in personal injury action as to injured person's condition, medical requirements, nature and extent of injury, and the like, 52 A.L.R.2d 1384.

Admissibility, in homicide prosecution, of opinion evidence that death was or was not self-inflicted, 56 A.L.R.2d 1447.

Use of medical or other scientific treatises in cross-examination of expert witnesses, 60 A.L.R.2d 77.

Admissibility of evidence as to manner or ease of firing gun, in civil action involving issue of accidental death or suicide, 63 A.L.R.2d 1150.

Right of physician, notwithstanding physician-patient privilege, to give expert testimony based on hypothetical question, 64 A.L.R.2d 1056.

Admissibility of opinion evidence as to point of impact or collision in motor vehicle accident case, 66 A.L.R.2d 1048.

Qualifications of chemist or chemical engineer to testify as to effect of poison upon human body, 70 A.L.R.2d 1029.

Propriety of hypothetical question to expert witness on cross-examination, 71 A.L.R.2d 6.

Admissibility of experimental evidence to determine chemical or physical qualities or character of material or substance, 76 A.L.R.2d 354.

Admissibility of experimental evidence as to explosion, 76 A.L.R.2d 402.

Qualification as expert to testify as to findings or results of scientific test to determine alcoholic content of blood, 77 A.L.R.2d 971.

Compelling expert to testify, 77 A.L.R.2d 1182; 66 A.L.R.4th 213.

Testing qualifications of expert witness, other than handwriting expert, by objective tests or experiments, 78 A.L.R.2d 1281.

Admissibility in wrongful death action of testimony of actuary or mathematician for purpose of establishing present worth of pecuniary loss, 79 A.L.R.2d 259.

Admissibility of testimony of actuary or mathematician as to present value of loss or impairment of injured person's general earning capacity, 79 A.L.R.2d 275.

Exclusion from courtroom of expert witnesses during taking or testimony in civil case, 85 A.L.R.2d 478.

Propriety and effect of instructions in civil case on the weight or reliability of medical expert testimony, 86 A.L.R.2d 1038.

Right to elicit expert testimony from adverse party called as witness, 88 A.L.R.2d 1186.

Expert or opinion evidence as to speed based on appearance or condition of motor vehicle after accident, 93 A.L.R.2d 287.

Trial court's appointment, in civil case, of expert witness, 95 A.L.R.2d 390.

Expert testimony as to modus operandi of criminals with respect to particular types of crimes, 100 A.L.R.2d 1433.

Person performing services as competent to testify as to their value, 5 A.L.R.3d 947.

Admissibility of expert evidence to decipher illegible document, 11 A.L.R.3d 1015.

Admissibility, in civil case, of expert evidence as to existence or nonexistence, or severity, of pain, 11 A.L.R.3d 1249.

Admissibility, in civil case, of expert or opinion evidence as to proposed witness's inability to testify, 11 A.L.R.3d 1360.

Admissibility of hearsay evidence as to comparable sales of other land as basis for expert's opinion as to land value, 12 A.L.R.3d 1064.

Necessity and admissibility of expert testimony as to credibility of witness, 20 A.L.R.3d 684.

Opinion testimony as to speed of motor vehicle based on skid marks and other facts, 29 A.L.R.3d 248.

Competency of general practitioner to testify as expert witness in action against specialist for medical malpractice, 31 A.L.R.3d 1163.

Locality rule as governing hospital's standard of care to patient and expert's competency to testify thereto, 36 A.L.R.3d 440.

Malpractice testimony: competency of physician or surgeon from one location to testify, in malpractice case, as to standard of care required of defendant practicing in another location, 37 A.L.R.3d 420.

Necessity of expert evidence to support action against hospital for injury to or death of patient, 40 A.L.R.3d 515.

Admissibility of physiological or psychological truth and deception test or its results to support physician's testimony, 41 A.L.R.3d 1369.

Medical malpractice: necessity and sufficiency of showing of medical witness's familiarity with particular medical or surgical technique involved in suit, 46 A.L.R.3d 275.

Admissibility of evidence of neutron activation analysis, 50 A.L.R.3d 117.

Necessity and sufficiency of expert evidence to establish existence and extent of physician's duty to inform patient of risks of proposed treatment, 52 A.L.R.3d 1084.

Admissibility on issue of sanity of expert opinion based partly on medical, psychological, or hospital records, 55 A.L.R.3d 551.

Modern status of rules regarding use of hypothetical questions in eliciting opinion of expert witness, 56 A.L.R.3d 300.

Necessity and effect, in homicide prosecution, of expert medical testimony as to cause of death, 65 A.L.R.3d 283.

Admissibility of testimony of coroner or mortician as to cause of death in homicide prosecution, 71 A.L.R.3d 1265.

Admissibility of expert medical testimony as to future consequences of injury as affected by expression in terms of probability or possibility, 75 A.L.R.3d 9.

Pleading and proof of law of foreign country, 75 A.L.R.3d 177.

Admissibility of opinion evidence as to employability on issue of disability in health and accident insurance and workers' compensation cases, 89 A.L.R.3d 783.

Admissibility of hypnotic evidence at criminal trial, 92 A.L.R.3d 442; 77 A.L.R.4th 927.

Competency of drug addict or user to identify suspect material as narcotic or controlled substance, 95 A.L.R.3d 978.

Admissibility and weight of voiceprint evidence, 97 A.L.R.3d 294.

Admissibility of expert medical testimony on battered child syndrome, 98 A.L.R.3d 306.

Necessity of expert testimony to show malpractice of architect, 3 A.L.R.4th 1023.

Admissibility and necessity of expert evidence as to standards of practice and negligence in malpractice action against attorney, 14 A.L.R.4th 170.

Admissibility of expert or opinion testimony on battered wife or battered woman syndrome, 18 A.L.R.4th 1153.

Admissibility of expert or opinion testimony concerning identification of skeletal remains, 18 A.L.R.4th 1294.

Admissibility and weight, in criminal case, of expert or scientific evidence respecting characteristics and identification of human hair, 23 A.L.R.4th 1199.

Unaccepted offer for purchase of real property as evidence of its value, 25 A.L.R.4th 571.

Unaccepted offer to sell or buy comparable real property as evidence of value of property in issue, 25 A.L.R.4th 615.

Unaccepted offer to sell or listing of real property as evidence of its value, 25 A.L.R.4th 983.

Emotional manifestations by victim or family of victim during criminal trial as ground for reversal, new trial, or mistrial, 31 A.L.R.4th 229.

Admissibility of testimony that bullet could or might have come from particular gun, 31 A.L.R.4th 486.

Admissibility of expert testimony as to modus operandi of crime - modern cases, 31 A.L.R.4th 798.

Propriety of cross-examining expert witness regarding his status as "professional witness", 39 A.L.R.4th 742.

Admissibility at criminal prosecution of expert testimony on battering parent syndrome, 43 A.L.R.4th 1203.

Admissibility of bare footprint evidence, 45 A.L.R.4th 1178.

Admissibility, at criminal prosecution, of expert testimony on reliability of eyewitness testimony, 46 A.L.R.4th 1047.

Admissibility of expert testimony as to appropriate punishment for convicted defendant, 47 A.L.R.4th 1069.

Right of independent expert to refuse to testify as to expert opinion, 50 A.L.R.4th 680.

Necessity of expert testimony to show standard of care in negligence action against insurance agent or broker, 52 A.L.R.4th 1232.

Compelling testimony of opponent's expert in state court, 66 A.L.R.4th 213.

Admissibility, in criminal cases, of evidence of electrophoresis of dried evidentiary bloodstains, 66 A.L.R.4th 588.

Admissibility of expert testimony that item of clothing or footgear belonged to, or was worn by, particular individual, 71 A.L.R.4th 1148.

Right of indigent defendant in state criminal case to assistance of fingerprint expert, 72 A.L.R.4th 874.

Necessity of expert evidence in proceeding for revocation or suspension of license of physician, surgeon, or dentist, 74 A.L.R.4th 969.

Admissibility of lie detector test results, or of offer or refusal to take test, in attorney disciplinary proceeding, 79 A.L.R.4th 576.

Admissibility, in criminal prosecution, of expert opinion allegedly stating whether drugs were possessed with intent to distribute - state cases, 83 A.L.R.4th 629.

Admissibility of expert opinion stating whether a particular knife was, or could have been, the weapon used in a crime, 83 A.L.R.4th 660.

Admissibility of testimony of expert, as to basis of his opinion, to matters otherwise excludible as hearsay - state cases, 89 A.L.R.4th 456.

Admissibility, in criminal prosecution, of expert opinion evidence as to "blood splatter" interpretation, 9 A.L.R.5th 369.

Cautionary instructions to jury as to reliability of, or factors to be considered in evaluating, voice identification testimony, 17 A.L.R.5th 851.

Necessity of expert testimony on issue of permanence of injury and future pain and suffering, 20 A.L.R.5th 1.

Admissibility of evidence of declarant's then-existing mental, emotional, or physical condition, under Rule 803(3) of Uniform Rules of Evidence and similar formulations, 57 A.L.R.5th 141.

Admissibility of expert testimony concerning domestic-violence syndromes to assist jury in evaluating victim's testimony or behavior, 57 A.L.R.5th 315.

Admissibility of expert testimony regarding questions of domestic law, 66 A.L.R.5th 135.

Qualification of nonmedical psychologist to testify as to mental condition or competency, 72 A.L.R.5th 529.

Admissibility of expert testimony regarding credibility of confession, 73 A.L.R.5th 581.

Admissibility of results of presumptive tests indicating presence of blood on object, 82 A.L.R.5th 67.

Admissibility of expert testimony regarding reliability of accused's confession where accused allegedly suffered from mental disorder or defect at time of confession, 82 A.L.R.5th 591.

Admissibility of expert and opinion evidence as to cause or origin of fire - modern civil cases, 84 A.L.R.5th 69.

Admissibility of expert and opinion evidence as to cause or origin of fire in criminal prosecution for arson or related offense - modern cases, 85 A.L.R.5th 187.

Admissibility of expert testimony on child sexual abuse accommodation syndrome (CSAAS) in criminal case, 85 A.L.R.5th 595.

Post-Daubert standards for admissibility of scientific and other expert evidence in state courts, 90 A.L.R.5th 453.

Admissibility and weight of voice spectrographic analysis evidence, 95 A.L.R.5th 471.

Admissibility and effect of evidence of electromagnetic fields generated by power lines, or public perception thereof, in action to value land or to recover for personal injury or property damage, 104 A.L.R.5th 503.

Admissibility and weight of fingerprint evidence obtained or visualized by chemical, laser, and digitally enhanced imaging processes, 110 A.L.R.5th 213.

Vertical gaze nystagmus test: Use in impaired driving prosecution, 117 A.L.R.5th 491.

Admissibility of ion scan evidence, 124 A.L.R.5th 691.

Admissibility and sufficiency of bite mark evidence as basis for identification of accused, 1 A.L.R.6th 657.

Qualification as expert to testify as to findings or results of scientific test concerning DNA matching, 38 A.L.R.6th 439.

Admissibility of computer forensic testimony, 40 A.L.R.6th 355.

Admissibility of evidence taken from vehicular Event Data Recorders (EDR), Sensing Diagnostic Modules (SDM), or "black boxes", 40 A.L.R.6th 595.

Reliability of scientific technique and its acceptance within scientific community as affecting admissibility, at federal trial, of expert testimony as to result of test or study based on such technique - modern cases, 105 A.L.R. Fed. 299.

Admissibility of expert or opinion evidence - Supreme court cases, 177 A.L.R. Fed. 77.