Proposed New Georgia Rules of Evidence

by Robert D. Ingram, past president of the State Bar of Georgia, 2005-06

Following this introduction is an overview prepared by Professor Paul S. Milich of the significant changes from the current Georgia Rules of Evidence to the New Georgia Rules of Evidence, which would occur under the proposed Rules of Evidence being put forward by the Evidence Study Committee.

The Evidence Study Committee was formed in August 1986 by Bar President Bob Brinson, and functioned actively from 1986-91. The committee, chaired by Frank C. Jones, wrote a set of rules that passed the Board of Governors on two separate occasions in 1988 and 1990. A bill was introduced in the General Assembly in January 1989 and again in January 1991. On each occasion, the bill was approved by the Senate, once unanimously, and on the other occasion with only a few dissenting votes. On both occasions, the House Judiciary Committee held up the bill, and it was not considered on the floor.

According to Jones, "Our failure to get favorable action in the House was due primarily to opposition from the then Speaker. We met with him, and several members of the House Judiciary Committee, in an effort to obtain support but were unsuccessful."

As a result of not obtaining support from the House Judiciary Committee, efforts were stalled until recently. In 2003 under President Bill Barwick, the Evidence Study Committee was reactivated with Ray Persons as chair. Most recently, at Immediate Past Bar President Jay Cook's urging, the committee refocused their energies on informing and obtaining input from lawyers across the state about the proposed changes to the Rules of Evidence. Presentations were made to the Atlanta Bar, the North Fulton Bar and the Sandy Springs Bar associations. An update was also given to nearly 300 attorneys who watched a broadcast on the CLE program on evidence. In January of this year, a program was presented to 80 lawyers and judges on the proposed rules. Updates have also been given to judges of superior courts, state courts and juvenile courts at ICJE meetings.

"All responses were very positive and encouraging," Persons said. "In fact, in all our many presentations and seminars, we have heard nothing but support for moving forward."

The Evidence Study Committee encourages all Bar members to carefully study this important and comprehensive proposed change in Georgia's evidence law. Your representatives on the Board of Governors will be voting on this no earlier than the fall meeting and welcome your advice. For a list of Board members by circuit, please visit www.gabar.org/directories/board_of_governors/.

View Professor Paul S. Milich's overview of the Proposed New Rules of Evidence.

View the Proposed New Rules of Evidence as prepared by the Report of the Evidence Study Committee of the State Bar of Georgia.