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2018 Georgia Code 24-10-1006 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 24-10-1006 Case Law from Google Scholar Amendments to OCGA 24-10-1006

TITLE 24 EVIDENCE

Section 10. Best Evidence Rule, 24-10-1001 through 24-10-1008.

ARTICLE 2 SPECIFIC TYPES OF RECORDS AND EVIDENCE

24-10-1006. Summaries.

The contents of otherwise admissible voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The court may order that the contents of such writings, recordings, or photographs be produced in court.

(Code 1981, §24-10-1006, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

Cross references.

- Summaries to prove content, Fed. R. Evid. 1006.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, §§ 38-203, 38-205, and former O.C.G.A. § 24-5-29 are included in the annotations for this Code section.

Summary of accounting book entries.

- When pertinent and essential facts can be ascertained only by an examination of a large number of entries in books of account, an auditor or an expert accountant who has made an examination and analysis of the books and figures may testify as a witness and give summarized statements of what the books show as a result of the investigation, provided the books themselves are accessible to the court and the parties. Stewart v. State, 246 Ga. 70, 268 S.E.2d 906 (1980) (decided under former Code 1933, §§ 38-203, 38-205); Jackson v. Meadows, 157 Ga. App. 569, 278 S.E.2d 8 (1981);.

For a discussion of the admissibility of summaries of business records, see Tyner v. Sheriff, 164 Ga. App. 360, 297 S.E.2d 114 (1982) (decided under former O.C.G.A. § 24-5-29).

Loan history report properly admitted.

- Trial court properly admitted the bank's loan history report as a business record because the report provided a description of each transaction relating to the estate's loan from the loan's inception, along with a corresponding posting date for each transaction, the transaction amount, and any change to the principal balance resulting from the transaction, and was not a summary. Roberts v. Cmty. & S. Bank, 331 Ga. App. 364, 771 S.E.2d 68 (2015).

Bank's computer screen shot insufficient proof of damages in loan case.

- In an action on a loan, a bank did not submit sufficient evidence to prove the bank's damages because a printout of the bank's electronic records reflecting the amounts then owed, without a detailed transaction history, was a summary requiring evidence that the underlying records were too voluminous to examine in court pursuant to O.C.G.A. § 24-10-1006, not a business record under O.C.G.A. § 24-8-803(6). D'Agnese v. Wells Fargo Bank, N.A., 335 Ga. App. 659, 782 S.E.2d 714 (2016).

RESEARCH REFERENCES

ALR.

- Requirement of notice as condition for admission in evidence of summary of voluminous records, 80 A.L.R.3d 405.

Cases Citing O.C.G.A. § 24-10-1006

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Tafel v. Lion Antique Cars & Investments, Inc.; & Vice Versa, 297 Ga. 334 (Ga. 2015).

Cited 8 times | Published | Supreme Court of Georgia | Jun 15, 2015 | 773 S.E.2d 743

...statements, presented a summary of the hours worked by all attorneys and paralegals over the five years of the litigation. The trial court excluded this summary from evidence,2 and Tafel contends that this was error, saying that the summary was admissible under OCGA § 24-10-1006 of our new Evidence Code.3 We disagree, as Tafel never made the underlying billing statements available for Lion Antique to review. See OCGA § 24-10-1006 (saying that the 2 Contrary to Tafel’s contention, the trial court did not rule that the summary was admissible at the hearing....
...f the summary and ruled that it was inadmissible hearsay. 3 The hearing at which Tafel offered the summary in support of his motion for attorney fees occurred in June 2014, after the new Code’s effective date of January 1, 2013. OCGA § 24-10-1006 says: The contents of otherwise admissible voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation....
...ion or copying, or both, by other parties at a reasonable time and place”); United States v. Arias-Izquierdo, 449 F3d 1168, 1184 (11th Cir. 2006) (saying that under Federal Rule of Evidence 1006,4 which is identical in material respects to OCGA § 24-10-1006, this requirement must be satisfied “prior to the admission of the summary”); Parker v....

Tafel v. Lion Antique Cars & Investments, Inc., A/K/A Lion Antique Investments & Consulting Servs., Inc. (Ga. 2015).

Published | Supreme Court of Georgia | Jun 15, 2015 | 773 S.E.2d 743

...statements, presented a summary of the hours worked by all attorneys and paralegals over the five years of the litigation. The trial court excluded this summary from evidence,2 and Tafel contends that this was error, saying that the summary was admissible under OCGA § 24-10-1006 of our new Evidence Code.3 We disagree, as Tafel never made the underlying billing statements 2 Contrary to Tafel’s contention, the trial court did not rule that the summary was admissible at the hearing....
...the summary and ruled that it was inadmissible hearsay. 3 The hearing at which Tafel offered the summary in support of his motion for attorney fees occurred in June 2014, after the new Code’s effective date of January 1, 2013. OCGA § 24-10-1006 says: The contents of otherwise admissible voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation....
...arties at a reasonable time and place. The court may order that the contents of such writings, recordings, or photographs be produced in court. 12 available for Lion Antique to review. See OCGA § 24-10-1006 (saying that the party desiring to introduce voluminous material in summary form must make”[t]he originals, or duplicates, ....