The presentation of evidence begins after opening statements. The prosecution has the burden of proof and presents its evidence first. The State is not required to produce any physical evidence. Roberts v. State, 305 Ga. 257, 259 (2019) ; Plez v. State, 300 Ga. 505 (2017) (“Although the State is required to prove its case with competent evidence, there is no requirement that it prove its case with any particular sort of evidence.”); Bradley v. State, S24A0010 ( January 17, 2024).
Prior to witness testimony, either side can invoke the rule of sequestration. O.C.G.A. § 24-9-61; O.C.G.A. § 24-6-615. The rule means that witnesses will be examined out of the hearing of the other witnesses. The purpose of the rule is to prevent a witness who has not testified from having his testimony affected by another witness. Pennington v. State, 313 Ga. App. 764 (2012). The judge can make an exception to the rule of sequestration and allow the State to have the lead investigator remain in the courtroom to assist in the presentation of the State's case. Mauldin v. State, 290 Ga. 574 (2012). The State must show that the investigator's presence is necessary for the orderly presentation of evidence. Mitchell v. State, 290 Ga. 490 (2012); Dockery v. State, 287 Ga. 275 (2010); O.C.G.A. § 24-6-615. The investigator can be allowed to testify after other witnesses. Holloman v. State, 291 Ga. 338 (2012). Further, pursuant to the new evidence code effective January 1, 2013, the victim of a crime shall be exempt from the rule provided, however, that the judge shall require that the victim be scheduled to testify as early as practical in the case. A violation of the rule does not make the witness' testimony inadmissible, but goes only to the credibility of the witness who heard the earlier witness' testimony. Hawkins v. State, 316 Ga. App. 415 (2012; Rakestrau v. State, 278 Ga. 872 (2005).