History. Code 1981, § 24-7-702 , enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2022, p. 201, § 1/HB 478.
The 2022 amendment, effective July 1, 2022, deleted “civil” preceding “proceedings” in the first sentence in subsection (a) and in the first sentence in subsection (f); in the introductory language of subsection (b), substituted “A witness who is” for “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness” and deleted “thereto” following “testify”, added paragraph (b)(1), redesignated former paragraphs (b)(1) through (b)(3) as present paragraphs (b)(2) through (b)(4), respectively, and rewrote paragraph (b)(4), which read: “The witness has applied the principles and methods reliably to the facts of the case which have been or will be admitted into evidence before the trier of fact.”; substituted “In all civil proceedings, a hearing and any ruling” for “Such hearing and ruling” at the beginning of the second sentence in subsection (d); and substituted “In all civil proceedings, an affiant” for “An affiant” at the beginning of subsection (e). See Editor’s notes for applicability.
Cross references.
Statute not applicable to valuation of condemned property, § 22-1-14 .
Competent expert testimony required in establishing payment standard or reimbursement criteria, § 51-1-52.
Testimony by expert witnesses, Fed. R. Evid. 702.
Editor’s notes.
Ga. L. 2005, p. 1, § 1, not codified by the General Assembly, provided, with respect to former O.C.G.A. § 24-9-67.1, the predecessor of O.C.G.A. §§ 24-7-702 and 24-7-703 , that: “The General Assembly finds that there presently exists a crisis affecting the provision and quality of health care services in this state. Hospitals and other health care providers in this state are having increasing difficulty in locating liability insurance and, when such hospitals and providers are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and a resulting adverse impact on the health and well-being of the citizens of this state. The General Assembly further finds that certain civil justice and health care regulatory reforms as provided in this Act will promote predictability and improvement in the provision of quality health care services and the resolution of health care liability claims and will thereby assist in promoting the provision of health care liability insurance by insurance providers. The General Assembly further finds that certain needed reforms affect not only health care liability claims but also other civil actions and accordingly provides such general reforms in this Act.”
Ga. L. 2022, p. 201, § 3/HB 478, not codified by the General Assembly, makes this Code section applicable to any motion made or hearing or trial commenced on or after July 1, 2022.
Law reviews.
For annual 11th Circuit survey of evidence law, see 56 Mercer L. Rev. 1273 (2005).
For article, “Georgia’s New Expert Witness Rule: Daubert and More,” see 11 Ga. St. B.J. 16 (2005).
For annual survey of evidence law, see 57 Mercer L. Rev. 187 (2005).
For annual survey of trial practice and procedure, see 57 Mercer L. Rev. 381 (2005).
For annual survey of evidence law, see 58 Mercer L. Rev. 151 (2006).
For annual survey of product liability law, see 58 Mercer L. Rev. 313 (2006).
For survey article on evidence law, see 59 Mercer L. Rev. 157 (2007).
For survey article on product liability law, see 59 Mercer L. Rev. 331 (2007).
For survey article on trial practice and procedure, see 59 Mercer L. Rev. 423 (2007).
For survey article on product liability law, see 60 Mercer L. Rev. 303 (2008).
For survey article on tort law, see 60 Mercer L. Rev. 375 (2008).
For survey article on trial practice and procedure, see 60 Mercer L. Rev. 397 (2008).
For annual survey on evidence, see 61 Mercer L. Rev. 135 (2009).
For annual survey on product liability, see 61 Mercer L. Rev. 267 (2009).
For annual survey on trial practice and procedure, see 61 Mercer L. Rev. 363 (2009).
For annual survey of law on product liability, see 62 Mercer L. Rev. 243 (2010).
For annual survey of law on trial practice and procedure, see 62 Mercer L. Rev. 339 (2010).
For article, “Symposium on Evidence Reform: The Curious Case of Differing Literary Emphases: The Contrast Between the Use of Scientific Publications at Pretrial Daubert Hearings and at Trial,” see 47 Ga. L. Rev. 837 (2013).
For annual survey on product liability, see 65 Mercer L. Rev. 221 (2013).
For annual survey on torts law, see 66 Mercer L. Rev. 189 (2014).
For annual survey on trial practice and procedure, see 66 Mercer L. Rev. 211 (2014).
For article, “Fisher v. Gala: O.C.G.A. § 9-11-9.1(e) Keeping Malpractice Claims Afloat,” see 66 Mercer L. Rev. 817 (2015).
For annual survey of tort law, see 68 Mercer L. Rev. 279 (2016).
For annual survey on product liability, see 69 Mercer L. Rev. 231 (2017).
For article, “Non-Physician vs. Physician: Cross-Disciplinary Expert Testimony in Medical Negligence Litigation - Who Knows the Standard of Care?,” see 35 Ga. St. U.L. Rev. 679 (2019).
For annual survey on construction law, see 71 Mercer L. Rev. 57 (2019).
For annual survey on product liability: a two-year survey, see 71 Mercer L. Rev. 223 (2019).
For article with annual survey on evidence, see 73 Mercer L. Rev. 111 (2021).
For note, “Faulty Forensics: Bolstering Judicial Gatekeeping in Georgia Courts,” see 54 Ga. L. Rev. 1035 (2020).
For comment, “Georgia’s Codification of Daubert: Narrowing the Admissibility of Novel Scientific Evidence in Georgia?,” see 23 Ga. St. U.L. Rev. 481 (2006).