2022 Georgia Code
Title 24 - Evidence
Chapter 5 - Privileges
§ 24-5-505. Party or Witness Privilege

Universal Citation: GA Code § 24-5-505 (2022)
  1. No party or witness shall be required to testify as to any matter which may incriminate or tend to incriminate such party or witness or which shall tend to bring infamy, disgrace, or public contempt upon such party or witness or any member of such party or witness’s family.
  2. Except in proceedings in which a judgment creditor or judgment creditor’s successor in interest seeks postjudgment discovery involving a judgment debtor pursuant to Code Section 9-11-69, no party or witness shall be required to testify as to any matter which shall tend to work a forfeiture of his or her estate.
  3. No official persons shall be called on to disclose any state matters of which the policy of the state and the interest of the community require concealment.

History. Code 1981, § 24-5-505 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Cross references.

Prohibition against compelled self-incrimination, Ga. Const. 1983, Art. I, Sec. I, Para. XVI.

Law reviews.

For comment discussing the privilege against answers tending to disgrace but not incriminate, see 18 Ga. B.J. 88 (1955).

For comment, “The Government’s Privilege to Withhold the Identity of Informers, as Applied to Decoys,” see 20 Ga. B.J. 562 (1958).

For note discussing discovery proceedings available to creditors, see 12 Ga. L. Rev. 814 (1978).

For article, “Caught Between a Rock and a Hard Place: Invocation of the Privilege Against Self-Incrimination in Civil Cases,” see 15 (No. 1) Ga. St. B.J. 14 (2009).

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