O.C.G.A. § 24-10-1008 (2019)
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.
History
Code 1981, § 24-10-1008, enacted by Ga. L. 2011, p. 99, § 2/HB 24.
Annotations
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 Ga. LEXIS 73 (1896) (decided under former Civil Code 1895, § 5242). 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. Winkles v. Guenther & Co., 98 Ga. 472, 25 S.E. 527, 1896 Ga. LEXIS 73 (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.
CHAPTER 11 ESTABLISHMENT OF LOST RECORDS Sec.
Article 1 Public Records Sec.
Definitions. Establishment of lost records. Appointment of auditor; hearing; establishment of duplicates.
Article 2 Private Papers
Establishment of lost office papers. Petition to probate court to establish duplicate of lost or destroyed evidence of indebtedness. Service of nonresident debtor or maker of lost or
Law reviews. For article, “An Analysis of Georgia’s Proposed Rules of Evidence,” see 26 Ga. St. B.J. 173 (1990).
destroyed evidence of indebtedness. Procedure for establishment of lost or destroyed papers other than office paper. Continuance in proceeding to establish lost or destroyed paper. Establishment of lost or destroyed paper. Furnishing certified endorsement of copy of established lost or destroyed paper. Procedure as to action on lost or destroyed note, bill, bond, or other instrument. Joinder of additional party defendants in proceedings to establish lost or destroyed papers. Applicability of article.
For article, “Evidence,” see 27 Ga. St. U. L. Rev. 1 (2011).
ARTICLE 1 PUBLIC RECORDS Law reviews. For article on the 2011 enactment of
this article, see 28 Ga. St. U.L. Rev. 1 (2011).