Public-domain · open source
OpenJurist

O.C.G.A. § 24-6-608

Evidence of character and conduct of witness

Applied in 1 court decision — leading case State v. Thomas L. Scott (077434) (Monmouth and Statewide) (2017)

Most recently applied in State v. Thomas L. Scott (077434) (Monmouth and Statewide) (June 2017)

Code 1981, § 24-6-608, enacted by Ga

(a) The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, subject to the following

limitations:

(1) The evidence may refer only to character for truthfulness or

untruthfulness; and

(2) Evidence of truthful character shall be admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.

(b) Specific instances of the conduct of a witness, for the purpose of

attacking or supporting the witness’s character for truthfulness, other than a conviction of a crime as provided in Code Section 24-6-609, or conduct indicative of the witness’s bias toward a party may not be proved by extrinsic evidence. Such instances may however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness:

(1) Concerning the witness’s character for truthfulness or untruthfulness; or

(2) Concerning the character for truthfulness or untruthfulness of

another witness as to which character the witness being cross-

examined has testified.

(c) The giving of testimony, whether by an accused or by any other witness, shall not operate as a waiver of the accused’s or the witness’s privilege against self-incrimination when examined with respect to matters which relate only to character for truthfulness.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.