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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ISBN: 9781663379177
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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.”

“… I can say that there is no more respected or essential resource for Georgia legal advocates than Carlson on Evidence. Providing a unique blend of scholarly insights and practical guidance, Carlson on Evidence is unparalleled in its presentation of the most integral body of material for trial attorneys, namely, the rules of evidence.”
—Foreword to the Seventh Edition by Hon. Fani T.Willis, District Attorney, Fulton County, Georgia

“For good reason, on nearly every bench, in most libraries, and in a legion of law offices across our state, can be found this volume and its preceding editions. The combined efforts of Professors Ronald and Michael Carlson have generated a ‘go-to guide on evidence’ which has benefited a generation of Georgia litigators. … By sifting statute through opinion, and commentary through practical application, the Carlsons provide us a road map for understanding and applying even the most complex legal principles.”
—Foreword to the Fifth Edition by Bobby L. Christine, Attorney at Law, former United States Attorney for the Southern District of Georgia, former Chief Magistrate, Columbia County, Georgia

“If you are a trial lawyer, Carlson on Evidence is your ‘go-to’ book. This book is designed for the courtroom battle and allows a trial lawyer in the middle of battle to find the right rule and the right citation.”
—Foreword to the Fourth Edition by Bruce S. Harvey, Attorney at Law

“This text is the ideal tool for Georgia judges and attorneys at this point in the evolution of Georgia evidence law. I wholeheartedly recommend it to you. This text is a major contribution to the legal literature in Georgia, and it should be on the shelf of any Georgia judge or litigator.”
—Foreword to the Third Edition by Edward J. Imwinkelried, Professor, University of California Davis School of Law

“This book is a first-class resource for all members of the Bar.”
—Foreword to the First Edition by Robert D. James Jr., Attorney at Law, former District Attorney, Dekalb County Georgia, Stone Mountain Judicial Circuit

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

The 8th edition ISBN is 9781663346889.

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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)


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)


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