This article addresses changes in the new Georgia Evidence Code that affect hearsay. It is not an exhaustive treatment of this often-misunderstood area of evidence law. Hopefully it will help you prepare for your trials held after the code’s effective date of Jan. 1, 2013. Code references, except where noted, are to the new rules. Current Georgia law is referred to as old law.

It is worth mention at the outset that a significant change under the new Georgia rules provides that when inadmissible hearsay is not objected to, the objection is waived and such evidence is legal and may support the result of trial, O.C.G.A. § 24-8-802. Until Jan. 1, 2013, in Georgia, even when there is no objection, inadmissible hearsay is illegal evidence and has no probative value

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