What rules govern admissibility of handwritten workplace incident notes in Macon workers’ comp cases?
They’re admissible if they clear the same authentication and hearsay rules as anything else, since O.C.G.A. § 34-9-102(e)(1) applies civil nonjury evidence rules unless otherwise provided. Who wrote the note, when, and who offers it decide the route. The medical report rule in § 34-9-102(e)(2) doesn’t cover a coworker’s or supervisor’s note.
Routes by situation
| Note | Offered by | Route |
|---|---|---|
| Supervisor's note | Worker, against the employer | Agent's statement, § 24-8-801(d)(2)(D) |
| Employer's routine log | Either side | Business record, § 24-8-803(6) |
| Worker's own note | Employer, against the worker | Admission, § 24-8-801(d)(2) |
| Worker's own note | Worker | Hearsay problem; testify, and use it to refresh |
| Witness who now can't recall | Party calling the witness | Recorded recollection, § 24-8-803(5) |
Section 24-6-612 covers a writing used to refresh memory. Handwriting itself can be identified by a witness who knows it, under § 24-9-901.
Business record limits
Section 24-8-803(6) excludes a record when “the source of information or the method or circumstances of preparation indicate lack of trustworthiness”. A note written after a lawyer’s letter, or one rewritten later, invites that objection.
The first note carries weight
A note from the day of the event helps fix timing, and § 34-9-80’s notice rule depends on when the employer knew. A note saying “felt pain lifting box” is more useful than a later summary.
Practical steps
Keep the original, and photograph both sides. Write the date and time on it when it’s made, not later. An employer that loses its own note may face a preservation argument, if litigation was reasonably foreseeable under Phillips v. Harmon, 297 Ga. 386 (2015). Ask for the original in discovery, since a clean typed copy doesn’t show changes.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.