A declarant shall not be deemed unavailable as a witness if the declarant’s exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of a statement for the purpose of preventing the witness from attending or testifying.
History. Code 1981, § 24-8-804 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.
Cross references.
Exceptions to the Rule Against Hearsay—When the Declarant Is Unavailable as a Witness, Fed. R. Evid. 804.
Law reviews.
For article, “An Analysis of Georgia’s Proposed Rules of Evidence,” see 26 Ga. St. B.J. 173 (1990).