Rule 24. DOMESTIC RELATIONS · Not amended since adoption on record · Last verified July 17, 2026
In one sentenceRule 24.5 limits temporary hearings to live testimony from the parties and one witness per side, requires other witnesses to testify by deposition or affidavit served 24 hours ahead, and bars minor children from testifying at temporary hearings except by court leave, though a judge may consult a child privately when custody is disputed.
Full Text of Rule 24.5
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(A) At temporary hearings the parties involved and one additional witness for each side may give oral testimony. Additional witnesses must testify by deposition or affidavit unless otherwise ordered by the court. Any affidavit shall be served on opposing counsel at least 24 hours prior to hearing.
(B) Except by leave of court, the minor child/children of the parties shall not be permitted to give oral testimony at temporary hearings; such child/children will be excluded from the courtroom or other place of hearing. When custody is in dispute, if directed by the court, minor child/children of the parties shall be available for consultation with the court. At any such consultation, attorneys for both parties may be in attendance but shall not interrogate such child/children except by express permission from the court. Upon request, the proceedings in chambers shall be recorded.
Plain-English Summary
Because a temporary hearing in a domestic relations case happens fast and often on a compressed record, Rule 24.5 controls who gets to speak live. Each side may put on the party and one additional witness in person; anyone beyond that testifies by deposition or by affidavit, and an affidavit has to reach opposing counsel at least 24 hours before the hearing so the other side has a chance to review it.
The rule treats minor children with particular care. Absent leave of court, a child cannot give oral testimony at a temporary hearing and is excluded from the hearing room entirely. When custody is in dispute, though, the court may direct that the child be made available for a private consultation. Attorneys for both sides may attend that consultation but cannot question the child unless the judge expressly permits it, and either party can ask that the in-chambers conversation be recorded.
Frequently Asked Questions
How many witnesses can each side call to testify live at a temporary hearing?
Each side may present the party involved plus one additional witness in person; any further witnesses must testify by deposition or affidavit unless the court orders otherwise.
How far in advance must a witness affidavit be served before a temporary hearing?
At least 24 hours before the hearing.
Can a minor child testify in open court at a temporary custody hearing?
Not as a rule. Except by leave of court, minor children are barred from giving oral testimony at temporary hearings and are excluded from the hearing room.
If a court consults privately with a child about custody, can the attorneys question the child?
Not unless the court expressly permits it. Attorneys for both parties may attend the in-chambers consultation but may not interrogate the child without the court’s permission.
Can a party ask that an in-chambers consultation with a child be recorded?
Yes. Upon request, the proceedings in chambers shall be recorded.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
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