Title 24 — Evidence
0 chapters · 207 sections in this title.
O.C.G.A. § 24-14-1 Officer de facto, §24-14-41
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Party with, §24-14-1. Positive testimony preferred over negative, exception, §24-14-7. Preponderance of evidence. Determining where preponderance lies, §24-14-4. BURDEN OF PROOF —Cont’d Preponderance of evidence —Cont’d Jury considerations, §24-14-4. Number of witnesses. Not nece…
O.C.G.A. § 24-14-2 Change of burden in discretion of court
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What amount of evidence will change the onus or burden of proof shall be a question to be decided in each case by the sound discretion of the court. History. Code 1981, § 24-14-2, enacted by Ga. L. 2011, p. 99, § 2/HB 24.
O.C.G.A. § 24-14-20 Presumptions of law and of fact distinguished
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Presumptions are either of law or of fact. Presumptions of law are conclusions and inferences which the law draws from given facts. Presumptions of fact shall be exclusively questions for the jury, to be decided by the ordinary test of human experience. History. Code 1981, § 24-1…
O.C.G.A. § 24-14-21 Rebuttable presumptions of law
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Certain presumptions of law, such as the presumption of innocence, in some cases the presumption of guilt, the presumption of continuance of life for seven years, the presumption of a mental state once proved to exist, and all similar presumptions, may be rebutted by proof. Histo…
O.C.G.A. § 24-14-22 Presumption from failure to produce evidence
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If a party has evidence in such party’s power and within such party’s reach by which he or she may repel a claim or charge against him or her but omits to produce it or if such party has more certain and satisfactory evidence in his or her power but relies on that which is of a w…
O.C.G.A. § 24-14-23 Presumption from failure to answer business letter
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In the ordinary course of business, when good faith requires an answer, it is the duty of the party receiving a letter from another to answer within a reasonable time. Otherwise, the party shall be presumed to admit the propriety of the acts mentioned in the letter of the party’s…
O.C.G.A. § 24-14-24 Right of way
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Occupancy presumed with permission of railroad, §24-14-24. RAPE. Evidence. Commission of another offense of sexual assault, §24-4-412. Civil or administrative proceedings, §24-4-415. Past sexual behavior of complaining witness, §24-4-412. Other crimes. Evidence. Commission of ano…
O.C.G.A. § 24-14-25 Presumption of payment of check
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(a) As used in this Code section: (1) “Bank” means any person engaged in the business of banking and includes, in addition to a commercial bank, a savings and loan association, savings bank, or credit union. (2) “Check” means a draft, other than a documentary draft, payable on de…
O.C.G.A. § 24-14-26 Estoppels defined; enumeration generally
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(a) Conclusive presumptions of law are termed estoppels; averments to the contrary of such presumptions shall not be allowed. Estoppels are not generally favored. 744 24-14-26 (b) Estoppels include presumptions in favor of: (1) A record or judgment unreversed; (2) The proper cond…
O.C.G.A. § 24-14-27 Estoppel relating to real estate
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(a) Where an estoppel relates to the title to real estate, the party claiming to have been influenced by the other party’s acts or declarations shall not only have been ignorant of the true title, but also ignorant of any convenient means of acquiring such knowledge. (b) Where bot…
O.C.G.A. § 24-14-28 Trustees estopped to set up title adverse to trust
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Trustees and other representatives with custody of papers have ample opportunities to discover defects in the title of property in their care and shall be estopped from setting up title adverse to their trust. History. Code 1981, § 24-14-28, enacted by Ga. L. 2011, p. 99, § 2/HB …
O.C.G.A. § 24-14-29 Business letters
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Failure to answer within reasonable time. Admission of propriety of acts mentioned, §24-14-23. Charge or claim against party well founded, §24-14-22. Checks. Payment. Production of duplicate with original bank statement, §24-14-25. Continuation of life for seven years. Rebuttable…
O.C.G.A. § 24-14-3 Required mental conviction in civil and criminal proceedings
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Moral and reasonable certainty is all that can be expected in legal investigation. Except as provided in Code Section 51-1-29.5 or Code Section 51-12-5.1, in all civil proceedings, a preponderance of evidence shall be considered sufficient to produce mental conviction. In crimina…
O.C.G.A. § 24-14-4 Determining where preponderance of evidence lies
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In determining where the preponderance of evidence lies, the jury may consider all the facts and circumstances of the case, the witnesses’ manner of testifying, their intelligence, their means and opportunity for knowing the facts to which they testified, the nature of the facts t…
O.C.G.A. § 24-14-40 Evidence of identity; burden in civil proceedings
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(a) Concordance of name alone is some evidence of identity. Residence, vocation, ownership of property, and other like facts may be proved. Reasonable certainty shall be all that is be required. (b) In civil proceedings, parties shall generally be relieved from the onus of provin…
O.C.G.A. § 24-14-41 Proof of de facto officer
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An officer de facto may be proved to be such by his or her acts, without the production of his or her commission or appointment. History. Code 1981, § 24-14-41, enacted by Ga. L. 2011, p. 99, § 2/HB 24.
O.C.G.A. § 24-14-42 Fact of rendition
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Admissible to show, §24-14-42. Hearsay rule exclusions, §24-8-803. Lost or destroyed bond, bill, note. Proceeding on duplicate after establishment with certified endorsement. Entry of judgment, §24-11-27. Hearsay rule exclusions, §24-8-803. Lost or destroyed records. Bond, bill, n…
O.C.G.A. § 24-14-43 STREET GANGS
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Evidence of criminal gang activity. Admissibility of evidence of criminal gang activity on any relevant matter, §24-4-418. SUBPOENAS, §§24-13-20 to 24-13-29. Applicability of article, §24-13-20. Attorney of record. Authority to issue and sign, §24-13-21. Service upon, §24-13-24. …
O.C.G.A. § 24-14-44 American Experience Mortality Tables
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In all civil proceedings where the life expectancy of a person shall be 785 24-14-44 an issue, the American Experience Mortality Tables shall be admissible as evidence of the life expectancy of such person. History. Code 1981, § 24-14-44, enacted by Ga. L. 2011, p. 99, § 2/HB 24.
O.C.G.A. § 24-14-45 Wrongful death
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Computing value of life. Evidence, §24-14-45. 813 INDEX DEAF AND HEARING IMPAIRED PERSONS. Arrest. Interpreters provided. Duty of arresting agency, §24-6-653. Interrogation after arrest. Duty to provide, §24-6-653. Interpreters, §§24-6-650 to 24-6-658. Ability of interpreter to c…
O.C.G.A. § 24-14-46 Value of life
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Computing in wrongful death cases, §24-14-45. Veterinarian’s information on animal care. Confidentiality, §24-12-31. Release, authorization, §24-12-31. Waiver, §24-12-31. Victim of criminal offense. Right to be present in court exercising jurisdiction, §24-6-616. Vital statistics.…
O.C.G.A. § 24-14-47 Proof that person is dead or missing as evidence
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(a) A written finding of presumed death made by officers or employees of the United States authorized to make such findings pursuant to any law of the United States or a duly certified copy of such finding shall be received in any court, office, or other place in this state as eviden…
O.C.G.A. § 24-14-5 Reasonable doubt in criminal cases
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Whether dependent upon direct or circumstantial evidence, the true question in criminal cases is not whether it is possible that the conclusion at which the evidence points may be false, but whether there is sufficient evidence to satisfy the mind and conscience beyond a reasonab…
O.C.G.A. § 24-14-6 Conviction based on circumstantial evidence
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To warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused. History. Code 1981, § 24-14-6, enacted by Ga. L. 2011, p. 99,…
O.C.G.A. § 24-14-7 Positive testimony preferred over negative; exception
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The existence of a fact testified to by one positive witness is to be believed, rather than that such fact did not exist because many other witnesses who had the same opportunity of observation swear that they did not see or know of its having existed. This rule shall not apply wh…
O.C.G.A. § 24-14-8 TREATISES
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Hearsay rule exclusion, §24-8-803. 882 INDEX TRIAL. Evidence. Applicability to jury and nonjury trials, exceptions, §24-1-2. Generally, §§24-1-1 to 24-14-47. Preliminary questions. Rules of evidence. Accused testifying upon. Cross-examination as to other issues prohibited, §24-1-…
O.C.G.A. § 24-14-9 Innocence
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Presumption of. Rebuttable, §24-14-21. Inspection certificates issued by United States department of agriculture, §24-14-46. Insurance against liability. Inadmissible, exception, §24-4-411. Interpreters for hearing impaired, §§24-6-650 to 24-6-658. Ability of interpreter to commun…