Carlson on Evidence: Comparing Georgia and Federal Rules

An authoritative rule-by-rule examination of Georgia’s evidence code as cited by the Georgia Supreme Court.
Publisher: Matthew Bender

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Print Book:1 volume, softbound
7th Edition
ISBN: 9781522197164
Estimated: June 23, 2021
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Product description

To date, this evidentiary title has been cited by the Supreme Court of Georgia and the Court of Appeals of Georgia in over 50 separate opinions. The Georgia Supreme Court referenced the authors of Carlson on Evidence when it adverted to “leading commentators on the new [Georgia] evidence code.”

Since its first edition, Carlson on Evidence, has focused on a comprehensive, rule-by-rule, comparative examination of Georgia’s old evidence code, new 2013 evidence code and the federal counterpart. Each new edition expands upon its unparalleled content with a wide array of updated Georgia and federal evidence, authority and analysis.

The accessible, user-friendly format allows readers to approach and consider the rules presented, both state and federal, and provides:

•  The rule or rules themselves
•  Primary authority
•  Summary of Georgia Code changes
•  Comparison with Federal Rules of Evidence
•  Key federal and relevant state authority and analysis
•  Georgia Law

Topical coverage includes:

•  Relevant evidence
•  Privileges
•  Witnesses
•  Expert testimony
•  Hearsay
•  Authentication

The appendix provides the text of the Georgia and Federal Rules of Evidence in their entirety, as well as testimonial evidence (“Crawford” and “Bruton” issues).

When the courts have not had specific correlation of the Georgia Evidence Code to the Federal Rules of Evidence, they have turned to Carlson on Evidence as secondary authority to identify whether a rule closely follows the federal counterpart or if prior Georgia case law interpreting former code sections should apply. The scholarly opinion in Parker v. State observes that, unlike some other evidentiary code patterns, the 2013 Georgia statute contained commendable specifics respecting its application. The decision then adds this: “Leading commentators on the new Evidence Code agree with this conclusion and suggest why the Georgia provision differs from the federal model in this respect. Professors Ronald and Michael Carlson explain that the new Georgia Code was written to prevent courts from creating patchwork exceptions to the applicability of the rules of evidence, which had been a criticism of the old code.”

Be sure your law library, trial notebook and appellate binder include this latest edition of Carlson on Evidence.

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Table of contents

Introduction: History and Guidelines

Summary of Relevant Concepts

Title 24: Georgia Rules of Evidence (up to OCGA 24-10-1008)

Preamble

Chapter 1

Article1 - General Overview (24-1-1 to 24-1-1-2)

Article2 - Basic Provisions (24-1-101 to 24-1-106)

Chapter 2

Article1 - Judicial Notice (24-2-201)

Article2 - Legislative Facts (24-2-220 to 24-2-221)

Chapter 3

Contemporaneous Parol Evidence (24-3-1 to 24-3-10)

Chapter 4

Relevant Evidence (24-4-401 to 24-4-417)

Chapter 5

Privileges (24-5-501 to 24-5-509)

Chapter 6

Article1 - Witnesses; Generally (24-6-601 to 24-6-616)

Article2 - Witness Credibility (24-6-620 to 24-6-623)

Article3 - Hearing Impaired Rules and Policy (24-6-650 to 24-6-658)

Chapter 7

Opinions and Expert Testimony (24-7-701 to 24-7-707)

Chapter 8

Article1 - Hearsay (24-8-801 to 24-8-807)

Article2 - Child Hearsay; Admissions and Confessions; Statements of Medical Condition (24-8-820 to 24v-8-826)

Chapter 9

Article1 - Authentication and Identification (24-9-901 to 24-9-904)

Article2 - Authentication (24-9-920 to 24-9-924)

Chapter 10

Contents of Writings, Recordings and Photographs (24-10-1001 to 24-10-1008)

Endnote

Appendix A: Presumptions

Appendix B: Testimonial Evidence: (“Crawford” and “Bruton” Issues)

Appendix C: Legislative Headings Assigned to Evidentiary Sections (As Amended by the Georgia General Assembly)

Appendix D: Georgia Rules of Evidence (up to OCGA 24-10-1008)

Appendix E: Federal Rules of Evidence

Index