Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 24-10-1008 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 24-10-1008 Case Law from Google Scholar Amendments to OCGA 24-10-1008

TITLE 24 EVIDENCE

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

ARTICLE 2 SPECIFIC TYPES OF RECORDS AND EVIDENCE

24-10-1008. Functions of court and jury.

When the admissibility of other evidence of the contents of writings, recordings, or photographs under the rules of evidence depends upon the fulfillment of a condition of fact, the question of whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Code Section 24-1-104; provided, however, that when an issue is raised as to:

  1. Whether the asserted writing, recording, or photograph ever existed;
  2. Whether another writing, recording, or photograph produced at the trial is the original; or
  3. Whether other evidence of the contents correctly reflects the contents,

    the issue is for the trier of fact to determine as in the case of other issues of fact.

(Code 1981, §24-10-1008, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

Cross references.

- Provision that purchaser of instrument takes with notice of claim or defense if instrument bears visible evidence of forgery or alteration, § 11-3-304.

Functions of the court and jury, Fed. R. Evid. 1008.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Civil Code 1895, § 5242, former Civil Code 1910, § 5831, and former Code 1933, § 38-704, are included in the annotations for this Code section.

Materiality of an alteration is a question of law for the court. Winkles v. Guenther & Co., 98 Ga. 472, 25 S.E. 527 (1896).

Explanation is question for jury.

- When the genuineness of the instrument is denied under oath, the time when, and the intention with which, a change was made in the instrument, are questions for a jury. Reinhart v. Miller, 22 Ga. 402, 68 Am. Dec. 506 (1857) (decided under former law); Winkles v. Guenther & Co., 98 Ga. 472, 25 S.E. 527 (1896);.

RESEARCH REFERENCES

ALR.

- Admissibility of books of account as affected by mutilation, erasures, or alterations, 142 A.L.R. 1406.

Mutilations, alterations, and deletions as affecting admissibility in evidence of public record, 28 A.L.R.2d 1443.

Presumptions and burden of proof as to time of alteration of deed, 30 A.L.R.3d 571.

No results found for Georgia Code 24-10-1008.