At a temporary hearing in a Georgia domestic case, each side may put up itself and one additional witness to testify out loud.
What the Rule Says
Uniform Superior Court Rule 24.5(A) provides that “[a]t 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.”
You Are Not Limited to Two Voices, Only Two Live Ones
Everyone else you want the judge to hear from still counts, but their evidence has to arrive on paper. That means a deposition or a sworn affidavit, and an affidavit has to be in opposing counsel’s hands a full day before the hearing. An affidavit handed across the table that morning is late.
The practical consequence is that a temporary hearing is won or lost on preparation. The witness you cannot fit into the live slot is not lost, but you have to have thought about that person, and gotten a signed affidavit from them, before the hearing week.
The Judge Can Lift the Limit
The rule caps live testimony “unless otherwise ordered by the court.” If your case genuinely needs a third or fourth live witness, that is something to raise with the court ahead of time rather than at the podium.
It Does Not Apply to Your Final Hearing
In Mink v. Mink, 195 Ga. App. 760 (1990), a trial court ran a final custody hearing under the same one-witness limit. The Court of Appeals reversed, holding that “Rule 24.5 by its own terms applies only to temporary hearings; application of that rule to a final hearing impermissibly restricts the right of cross-examination.”
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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!