§ 19-11-70.Rules of evidence
Chapter 11. Enforcement of Duty of Support · Article 2. Uniform Reciprocal Enforcement of Support Act · Last amended 1958 · Last verified October 9, 2026
Full Text of § 19-11-70
Plain-English Summary
This section belongs to Article 2, Georgia’s version of the Uniform Reciprocal Enforcement of Support Act (URESA). Under § 19-11-40.1, no new petition may be filed and no new proceeding may begin under Article 2 on or after January 1, 1998; the article applies only to proceedings pending before that date. Interstate support cases begun since then fall under Article 3, the Uniform Interstate Family Support Act, which starts at § 19-11-100.
This one-sentence section picks the rulebook for evidence. In any hearing under Article 2, the court is bound by the same rules of evidence that bind the juvenile courts of Georgia. The word “bound” makes this mandatory: the court must apply those rules. The section doesn’t restate them; it borrows them by reference.
Two neighboring sections adjust the evidence picture for these cases. Section 19-11-69 removes the husband-wife communication privilege and lets spouses be compelled to testify about any relevant matter, including marriage and parentage. Section 19-11-62 lets the court order interrogatories or depositions taken inside or outside Georgia under the law that applies to a court of record.
Article 3 takes a different approach for newer cases. Section 19-11-135 sets special rules of evidence and procedure for interstate support proceedings — for example, a nonresident party’s physical presence isn’t required, and certain affidavits and documents from outside Georgia are admissible.
Frequently Asked Questions
What rules of evidence apply in a URESA hearing in Georgia?
The same rules of evidence that bind Georgia’s juvenile courts. This section says that in any hearing under Article 2, the court “shall be bound” by those rules. The section points to them rather than listing them, so you’d look to the rules that govern juvenile court hearings.
Does a URESA court have discretion to ignore the rules of evidence?
No. The section uses mandatory language: the court “shall be bound by” the juvenile-court rules of evidence in any hearing under this article. How those rules apply to a particular piece of evidence is still a judgment call for the judge.
Can depositions be used in a URESA case?
Yes. Section 19-11-62 lets the court order interrogatories or depositions to be taken within or outside Georgia under the law that applies to a court of record. This section then governs how evidence is received at the hearing itself. The court decides whether to order them.
Are spouses protected by privilege in a URESA hearing?
No. Section 19-11-69 makes the husband-wife communication privilege inapplicable in Article 2 proceedings and makes spouses competent witnesses who may be compelled to testify to any relevant matter, including marriage and parentage. That covers matters such as whether a marriage took place and who a child’s parents are.
What evidence rules apply in a newer interstate support case?
Cases begun on or after January 1, 1998, fall under Article 3, as § 19-11-40.1 explains. There, § 19-11-135 provides special rules — a nonresident individual party doesn’t have to be physically present, and certified payment records and certain sworn documents from outside Georgia are admissible.
Amendment History
Laws 1958, p. 34, § 25.