At the trial or upon any hearing, a part or all of a deposition, so far as otherwise admissible under the rules of evidence, may be used if the witness is unavailable. Any deposition may also be used by any party for the purpose of contradicting or impeaching the testimony of the deponent as a witness. If only a part of a deposition is offered in evidence by a party, an adverse party may require the offering of all of it which is relevant to the part offered, and any party may offer other parts. A witness is not unavailable if the exemption, refusal to testify, claim of lack of memory, inability, or absence of such witness is due to the procurement or wrongdoing of the party offering the deposition at the hearing or trial for the purpose of preventing the witness from attending or testifying.
History. Code 1981, § 24-13-135 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.
Structure Georgia Code
Chapter 13 - Securing Attendance of Witnesses and Production and Preservation of Evidence
Article 6 - Depositions to Preserve Testimony in Criminal Proceedings
§ 24-13-130. When Deposition to Preserve Testimony in Criminal Proceedings May Be Taken
§ 24-13-131. Notice of Deposition; Presence of Defendant at Examination; Child Witness
§ 24-13-132. Appointment of Counsel; Payment of Costs and Expenses
§ 24-13-133. Manner of Taking and Filing Deposition
§ 24-13-134. Availability to State and Defendant of Deponent’s Previous Statements
§ 24-13-135. Admissibility and Use of Deposition
§ 24-13-136. Objections to Admission of Deposition
§ 24-13-137. Recordation of Deposition
§ 24-13-138. Agreement of Parties to Deposition
§ 24-13-139. Depositions Taken Only in Exceptional Circumstances; Misuse of Procedures