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2018 Georgia Code 24-14-41 | Car Wreck Lawyer

TITLE 24 EVIDENCE

Section 14. Proof Generally, 24-14-1 through 24-14-47.

ARTICLE 3 PARTICULAR MATTERS OF PROOF

24-14-41. Proof of de facto officer.

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.

(Code 1981, §24-14-41, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Civil Code 1910, § 5754; former Code 1933, § 38-207; and former O.C.G.A. § 24-4-41 are included in the annotations for this Code section.

De facto notary doctrine.

- Pursuant to the de facto notary doctrine, an expert's affidavit satisfied the requirements of O.C.G.A. § 9-11-9.1, despite the fact that the commission of the notary who attested the affidavit had expired. Thomas v. Gastroenterology Assocs. of Gainesville, P.C., 280 Ga. 698, 632 S.E.2d 118 (2006) (decided under former O.C.G.A. § 24-4-41).

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