Evidence

Georgia courts’ interpretation and analysis of the evolution of evidentiary law since the adoption of Georgia’s new evidence code has played a major role in lawyers’ understanding of the scope and boundaries they are to operate within. Complexities involving coinciding new case law with the vast body of legal precedent established prior to the new code’s implementation make this task even more important, and ever changing as Georgia enters the second decade of the current evidentiary code. This Article delves into some of the updated case law relating to evidentiary issues and standards in Georgia for the period of June 1, 2023, through May 31, 2024. Specifically, this Article discusses recent developments regarding the following topics: (1) recent disapproval of pattern jury instructions regarding the preponderance of the evidence standard; (2) review of evidence outside of the pleadings at the motion to dismiss or judgment on the pleadings stage of litigation; and (3) the use of circumstantial evidence in a 42 U.S.C. § 1983 claim as it relates to the deliberate indifference to a prisoner’s serious medical needs standard.