Publication Date


Document Type

Survey Article


The most significant news during the current survey year continued to be the major legislative developments discussed in last year's survey. Most significantly, the Georgia General Assembly, during its 2005 session, enacted Official Code of Georgia Annotated ("O.C.G.A.") section 24-9-67.1, which purports to adopt, more or less, the United States Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc. and its progeny, and creates special rules for expert testimony in medical negligence actions. In other words, Daubert has now come to Georgia and, as discussed below, there were both legislative and judicial developments regarding Georgia's new expert witness rule during the survey period.

As also discussed in last year's survey, the State Bar of Georgia has proposed that the General Assembly adopt, with some exceptions and variations, the Federal rules of Evidence. The current version of the proposed Rules can be found at the State Bar's website. However, there was no legislative action on the Rules during the 2006 session of the General Assembly.

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