LibGuides: Evidence: Secondary Sources

Legal Encyclopedias

Georgia Legal Encyclopedias
National Legal Encyclopedias

Legal Encyclopedias are an excellent way to start your research into Georgia Evidence Law, since they focus on providing an accessible overview fo the law. Unlike AmJur, Georgia Jurisprudence (Westlaw) doesn't have a chapter dedicated to Evidence; instead material on this topic is spread throughout the legal encyclopedia, usually in the chapters and sections associated with the relevant substantive law. This makes the Evidence index entry a valuable starting point for research with this resource.

National Legal Encyclopedias focus on providing an accessible overview of the law. This means that they can often be a good way to start your research into Federal Evidence Law, however, they also include coverage of all 50 states, so you need to take care in referencing these sources that the material is applicable to your jurisdiction of interest.

American Jurisprudence has a fairly extensive chapter dedicated to Evidence, as well as a shorter chapter that specifically covers Expert & Opinion Evidence. The issue also sometimes comes up in discussions of other topics, so checking the index is never a bad idea. Although AmJur is published by Westlaw's parent company, you can also find it on Lexis.
Corpus Juris Secundum (CJS) (Westlaw) also has a chapter on Evidence. As usual, the treatment here is a bit more in-depth, but that can also make it less accessible earlier in your research. It's also a good idea to check the index to find any relevant discussions included in other chapters and entries.

For initial recommendations, see Getting Started. The list below is a more complete list of the library's treatises on this area of law. In addition, you can often find coverage of evidence-related issues in litigation-oriented practice treatises covering other substantive topics.

Agnor's Georgia Evidence
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This short treatise focuses on comparing Georgia Evidence Law to the Federal Rules of Evidence.
Courtroom Handbook On Georgia Evidence
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This handbook contains the text of the new rules with comparisons to pre-2013 Georgia law, and commentary which draws heavily on federal cases, particularly in the 11th Circuit, that have interpreted and applied many of these new rules.
LexisNexis Practice Guide: Georgia Evidence
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This volume is intended to provide both a quick reference of checklists for various evidentiary rules and an in-depth review of the frequently litigated evidentiary issues that arise during trial.
The Admissibility of Expert Testimony in Georgia
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The Admissibility of Expert Testimony in Georgia provides complete coverage of the Georgia rules regarding admissibility of expert testimony. Authored by an experienced expert in the field, this work: includes sample case management and scheduling orders; discusses expert disclosures and related challenges in both state and federal courts; contains practical checklists for judges and practitioners; discusses strategies for deposing, working with, and defending against experts; provides a comparison chart for Georgia and Federal Rules; and includes sample expert agreements.
Georgia Rules of Evidence (Treatise)
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Georgia Rules of Evidence thoroughly analyzes evidentiary issues and provides cross-references to sections of the Georgia Code, caselaw, and rules. It is authored by Professor Paul Milich, the premier authority on evidence law in Georgia. This content focuses on the 2013 Evidence Code, but also maintains discussion of the law under the old Code where applicable, identifying the differences between the old Code and the new Code. Topics featured in the book include relevancy, character evidence, hearsay, witnesses - competency and bias, opinion testimony, and privileges, among others.

Federal Evidence (Mueller & Kirkpatrick)
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Federal Evidence, 3d, provides analytical text treatment of the Federal Rules of Evidence, organized on a rule-by-rule approach.
Jones on Evidence
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This comprehensive evidence reference integrates coverage of the Federal Rules of Evidence and the latest revised Federal Rules of Procedure.
Courtroom Handbook on Federal Evidence
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Courtroom Handbook on Federal Evidence provides immediate and reliable access to the Federal Rules of Evidence, along with author commentary and links to relevant authority.

Law Reviews

The scholarly commentary found in law review articles makes them an essential source for scholarly or academic legal projects. They can also be of use in more practically-oriented research, especially if you can find an article that closely matches your issue. You can use these links to search HeinOnline and Westlaw for relevant law review articles.

Law Journal Library This link opens in a new window
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HeinOnline hosts a dedicated LibGuide for this collection that offers additional information, including search tips.

Westlaw- Law Reviews & Journals

If you are researching Georgia's Evidence Law, this article could be helpful:

Paul S. Milich, Georgia's New Evidence Code - An Overview, 28 Ga. St. U. L. Rev. 379 (2012).
GSU Law Professor Emeritus Paul Milich provides the definitive overview of the new rules of evidence that Georgia adopted in 2011. Professor Milich was the reporter for the committee that proposed the rules, so he's especially well-positioned to do so. As with any periodical, when using this article, it's important to be especially thorough in updating the law.

American Law Reports

American Law Reports (ALR) are an excellent resource for researching narrow issues that arise under the law of evidence, especially at the federal level. In addition, you can find many useful ALR annotations discussing the "Construction and Application" of various Federal Rules of Evidence. You can search the ALR database or its index in Westlaw with the following links:

American Law Reports
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ALR Index
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Indexes the entire ALR system, allowing you to find annotations on specific points of law.

This list of evidence-related ALRs should give you a sense of what's out there, but it's by no means complete:

What information is of type "reasonably relied upon by experts" within Rule 703, Federal Rules of Evidence, permitting expert opinion based on information not admissible in evidence, 49 A.L.R. Fed. 363
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Opinion evidence as to character of accused under Rule 405(a) of Federal Rules of Evidence, 64 A.L.R. Fed. 244
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Propriety under Rule 403 of the Federal Rules of Evidence, permitting exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time, of attack on credibility of witness for party, 48 A.L.R. Fed. 390
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Marital privilege under Rule 501 of Federal Rules of Evidence, 46 A.L.R. Fed. 735
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Treatises, periodicals, or pamphlets as exception to hearsay rule under Rule 803(18) of the Federal Rules of Evidence, 64 A.L.R. Fed. 971
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Admissibility of Hearsay Within Hearsay, or "Double Hearsay," Under Rule 805 of the Federal Rules of Evidence, 2006 A.L.R. Fed. 2d 7
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Construction and application of Rule 608(b) of Federal Rules of Evidence, dealing with use of specific instances of conduct to attack or support credibility, 36 A.L.R. Fed. 564
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Admissibility, over hearsay objection, of police observations and investigative findings offered by government in criminal prosecution, excluded from public records exception to Hearsay Rule under FRE 803(8)(b) or (c), 56 A.L.R. Fed. 168
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Admissibility of statements made for purposes of medical diagnosis or treatment as hearsay exception under Rule 803(4) of the Uniform Rules of Evidence, 38 A.L.R.5th 433
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Admissibility of Testimony Concerning Extrajudicial Statements Made to, or in Presence of, Witness Through Interpreter—State Cases, 97 A.L.R.6th 567