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Publication Date

12-1997

Document Type

Survey Article

Abstract

The survey period saw a number of cases raising significant evidentiary issues but no startling developments. Two areas in particular should be noted. As suggested in last year's survey, lawyers engaged in civil litigation should continue to be aware of decisions addressing the admissibility of collateral source payments and the remedies available when a party improperly injects the issue of collateral source payments. All trial lawyers, especially those engaged in criminal practice, should take note of the continued evolution of the "necessity" exception to the hearsay rule.

Perhaps the most striking development came not from the appellate courts but rather from the General Assembly. Official Code of Georgia Annotated ("O.C.G.A.") section 24-3-18, which became effective July 19, 1997, is Georgia's newest exception to the hearsay rule. It provides for the admission of medical records even though they contain opinions, diagnoses, and conclusions.

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