Rule 616-1-2-.18 - Rules of Evidence; Official Notice; Weight of Evidence(1)Rules of Evidence.(a) The Court shall apply the rules of evidence as applied in the trial of civil nonjury cases in the superior courts and may, when necessary to ascertain facts not reasonably susceptible of proof under such rules, consider evidence not otherwise admissible thereunder if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs or if it consists of reports of medical, psychiatric, or psychological evaluations routinely submitted to, and relied upon by an agency in the normal course of its business. However, a party's failure to call an available witness to testify does not render such witness' testimony "not reasonably susceptible of proof."(b) Where practicable, a copy of each exhibit identified or tendered at the hearing shall be furnished to the Court and the other parties when first presented at the hearing unless otherwise directed by the Court.(c) The Court shall give effect to statutory presumptions and the rules of privilege recognized by law.(d) If scientific, technical, or other specialized knowledge may assist the Court to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise. The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence. The expert may testify in terms of opinion or inference and give the reasons therefor without prior disclosure of the underlying facts or data, unless the Court requires otherwise. In any event, the expert may be required to disclose the underlying facts or data on cross-examination.(e) Whenever any oral testimony sought to be admitted is excluded by the Court, the proponent of the testimony may make an offer of proof by means of a brief statement on the record describing the excluded testimony. Whenever any documentary or physical evidence or written testimony sought to be admitted is excluded, it shall remain a part of the record as an offer of proof.(f) All objections shall include a statement of the legal basis for the objection and shall be made promptly or deemed waived. Parties shall be presumed to have taken exception to an adverse ruling. No objection shall be deemed waived by further participation in the hearing.(2)Official Notice. The Court may, at its discretion, take official notice of judicially recognizable facts. All parties shall be notified either prior to or during the hearing of the facts noticed, and any party shall, on a timely request, be afforded an opportunity to contest the matters of which official notice is taken.(a) Any documents officially noticed shall be admitted into the record of the hearing.(b) The Court may take official notice of the contents of policy and procedure manuals promulgated by agencies for which the Court conducts hearings.1. Unless such manuals have been adopted in accordance with the rulemaking procedures set out in O.C.G.A. § 50-13-4, the Court shall cause the notice of hearing to identify such manuals by name and by publishing agency, to indicate that official notice will be taken of such manuals subject to the opportunity to contest such materials; and to notify all parties where copies of the manuals may be inspected. Any party may introduce into evidence copies of particular portions of any manual officially noticed under this provision without further authentication.2. In addition, the Court or any party may incorporate material from any manual noticed pursuant to subsection (b) of this Rule in a brief, motion, pleading, order, or decision by quotation or paraphrase thereof, by reference, or otherwise.(c) The Court may take official notice of the contents of policy and procedure manuals promulgated by federal agencies, which directly relate to the cases adjudicated by this Court; provided, that all parties are notified either prior to or during the hearing of the federal policies and procedures noticed, and any party shall, on timely request, be afforded an opportunity to contest the policies or procedures of which official notice is taken.(d) The Court may take official notice of any fact alleged, presented, or found in any other hearing before any Judge of the Court, or of the status and disposition of any such hearing; provided, that any party shall, on timely request, be afforded an opportunity to contest the matters of which official notice is taken.(3)Weight of Evidence. The weight to be given to any evidence shall be determined by the Court based upon its reliability and probative value.Ga. Comp. R. & Regs. R. 616-1-2-.18
O.C.G.A. §§ 50-13-15; 50-13-40(c).
Original Rule entitled "Hearings for the Real Estate Commission" adopted as ER. 616-1-2-0.2-.18. F. Mar. 23, 1995; eff. Apr. 1, 1995, as specified by the Agency.Amended: Permanent Rule entitled "Evidence; Official Notice" adopted. F. June 30, 1995; eff. July 20, 1995.Amended: F. Dec. 12, 2003; eff. Jan. 1, 2004.Amended: F. Nov. 15, 2010; eff. Dec. 5, 2010.Amended: New title "Rules of Evidence; Official Notice; Weight of Evidence." F. June 22, 2020; eff. July 12, 2020.