§ 19-9-50.Testimony by deposition; electronic deposition; evidence transmitted by technological means not to be excluded
Chapter 9. Child Custody Proceedings · Article 3. Uniform Child Custody Jurisdiction and Enforcement Act · Part 1. General Provisions · Last amended 2001 · Last verified October 9, 2026
Full Text of § 19-9-50
Plain-English Summary
When a family is spread across states, the evidence is too. This section makes it easier to get that evidence in front of a Georgia judge. On top of the usual procedures, a party to a child custody proceeding may offer testimony from witnesses located in another state — including the parties and the child — by deposition or by any other means Georgia allows for testimony taken in another state. The court may also, on its own motion, order that a person’s testimony be taken in another state and set the manner and terms.
A Georgia court may allow someone who lives in another state to be deposed or to testify by telephone, audiovisual means or other electronic means, before a designated court or at another location in that state. Georgia courts shall cooperate with courts in other states in picking an appropriate location. Whether to allow remote testimony is the judge’s call; cooperating on the location is mandatory.
The last subsection deals with paper. Documents sent to a Georgia court from another state by technology that doesn’t produce an original writing — a fax or an electronic file, for example — may not be excluded on an objection based on how they were transmitted. Other objections aren’t addressed by this section. Section 19-9-51 adds a related tool: a Georgia court may ask a court in another state to hold a hearing, take evidence or order a custody evaluation.
Frequently Asked Questions
Can I testify by phone or video in a Georgia custody case if I live in another state?
The court may allow it. Under § 19-9-50(b), a Georgia court may permit someone residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means, before a designated court or at another location in that state. The judge decides whether to allow it, so ask in advance.
Can my child’s testimony be taken in another state for a Georgia custody case?
Yes. Section 19-9-50(a) lets a party offer testimony of witnesses located in another state, including testimony of the parties and the child, by deposition or other means Georgia allows for testimony taken in another state. The court may also, on its own motion, order testimony taken in another state and prescribe the manner and terms.
Can the judge order out-of-state testimony even if nobody asks?
Yes. The court on its own motion may order that the testimony of a person be taken in another state, and it may prescribe the manner in which and the terms on which the testimony is taken. That lets the judge gather evidence it considers important even when the parties haven’t arranged it.
Can the other side object to a faxed or emailed document because it isn’t the original?
Not on that ground. Under § 19-9-50(c), documentary evidence transmitted from another state to a Georgia court by technological means that don’t produce an original writing may not be excluded on an objection based on the means of transmission. The section doesn’t address other objections to the document.
Where does an out-of-state witness have to be when testifying remotely?
Before a designated court or at another location in the witness’s state. The Georgia court shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony, so the two courts work together on where the witness appears.
Amendment History
Laws 2001, p. 129, § 1.