Your financial affidavit is evidence, and in a jury trial it can go back into the jury room.
The Continuing Witness Problem
Written testimony normally cannot go out with the jury in Georgia. The concern is that a document gets read again during deliberations while spoken testimony is heard only once, which places undue emphasis on the writing. That objection is known as the “continuing witness” rule.
A financial affidavit looks exactly like the kind of document that rule was meant to keep out. In Tibbs v. Tibbs, 257 Ga. 370 (1987), the Georgia Supreme Court agreed the affidavit would normally have fallen into that category, but held that “the Uniform Rules create a limited exception with regard to affidavits used in connection with support orders.” The trial court was right to admit the wife’s affidavit and let it go out with the jury.
Substantial Compliance Is Enough
McAlpine v. Leveille, 258 Ga. 422 (1988), went further and held that “affidavits which are in substantial compliance with the form suggested by Rule 24.2 are admissible.” Your affidavit does not have to be a perfect replica of the printed form.
When an Affidavit Can Still Be Excluded
The same opinion added that “trial courts may exclude affidavits which are unduly confusing, misleading, or deceptive, or which contain otherwise inadmissible material.”
So an affidavit padded with argument, or with figures that cannot be explained on cross-examination, can be kept out or can cost you credibility with the judge. Both of these cases construed an earlier version of Rule 24.2, but the rule still requires the affidavit be sworn and in substantially the form it sets out.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!