O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
When certified by a public officer, clerk, or keeper of county or municipal records in this state in a manner as specified for county records in Code Section 24-9-920 or in a manner as specified for municipal records in paragraph (1) or (2) of Code Section 24-9-902 and in the absence of contrary evidence, judicial notice may be taken of a certified copy of any ordinance or resolution included within a general codification required by paragraph (1) of subsection (b) of Code Section 36-80-19 as representing an ordinance or resolution duly approved by the governing authority and currently in force as presented. Any such certified copy shall be self-authenticating and shall be admissible as prima-facie proof of any such ordinance or resolution before any court or administrative body.
History
Code 1981, § 24-2-221, enacted by Ga. L. 2011, p. 99, § 2/HB 24.
Annotations
Law reviews. For article, “Local Government Law,” see 53 Mercer L. Rev. 389 (2001).
For article on the 2011 enactment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, deci-
sions under former Code 1933, § 38-112, and former O.C.G.A. § 24-1-4 are in-
cluded in the annotations for this Code section. Judicial notice was held improper in the following cases. - See Livingston v. Schneer’s Atlanta, Inc., 61 Ga. App. 637, 7 S.E.2d 190, 1940 Ga. App. LEXIS 202 (1940) (municipal ordinance not pled) (decided under former Code 1933, § 38112); Leger v. Ken Edwards Enters., Inc., 223 Ga. 536, 156 S.E.2d 651, 1967 Ga. LEXIS 599 (1967) (city or county ordi-
nances) (decided under former Code 1933, § 38-112). City ordinance. - In an appeal from the denial of a subdivision application, the trial court could not take judicial notice of city ordinances; city ordinances have to be alleged and proven. City of St. Marys v. Fulford, 286 Ga. App. 506, 649 S.E.2d 807, 2007 Ga. App. LEXIS 814 (2007) (decided under former O.C.G.A. § 24-1-1).
CHAPTER 3 PAROL EVIDENCE Sec.
Parol evidence contradicting writing inadmissible generally. Proof of unwritten portions of contract admissible where not inconsistent. Contemporaneous writings explaining each other; parol evidence explaining ambiguities. Circumstances surrounding execution of contracts. Known usage.
Law reviews. For article, “Evidence,” see 27 Ga. St. U. L. Rev. 1 (2011).
Sec.
Rebuttal of equity; discharge of contract; proof of subsequent agreement; change of time or place of performance. Proof of mistake in deed or written contract. Original or subsequent voidness of writing. Explanation or denial of receipts. Explanation of blank endorsements.
For article on the 2011 enactment of this chapter, see 28 Ga. St. U.L. Rev. 1 (2011).
Notes of Decisions
Morrow v. Angkawijana, LLC, 755 S.E.2d 561 (Ga. Ct. App. 2014).
· cites it 4× “In any event, the result would be the same under OCGA § 24-2-221 of the new Evidence Code, which tracks the language of OCGA § 24-7-22, with the exception that it cites to provisions in the new Evidence Code in place of the former code provisions and it expressly provides that…”
Whitfield v. City of Atlanta, 769 S.E.2d 76 (Ga. 2015).
· cites it 2× “18 (1) ( 701 SE2d 133 ) (2010); see also OCGA § 24-2-221 (judicial notice may be taken of certified copy of ordinance); Leger v.”
Edwards v. City of Warner Robins, 807 S.E.2d 438 (Ga. 2017).
· cites it 2× “The full zoning ordinance can be accessed online through the City’s website, but this document does not appear to be certified as required for the trial court to take judicial notice of it under OCGA § 24-2-221. See id. (“When certified by a public officer, clerk, or keeper of…”
Georgia Farm Bureau Mut. Ins. v. Croft, 746 S.E.2d 285 (Ga. Ct. App. 2013).
· cites it 2× “See also OCGA § 24-2-221 (effective January 1, 2013, judicial notice may be taken of a certified copy of any ordinance or resolution under specified circumstances).”
Sweeney v. Lowe, 755 S.E.2d 813 (Ga. Ct. App. 2014).
· cites it 2× “See also OCGA § 24-2-221 (judicial notice may be taken of a certified copy of county ordinance).”
Laura Morrow v. Angkawijana LLC (Ga. Ct. App. 2014).
· cites it 4× “In any event, the result would be the same under OCGA § 24-2-221 of the new Evidence Code, which tracks the language of OCGA § 24-7-22, with the exception that it cites to provisions in the new Evidence Code in place of the former code provisions and it expressly provides that…”
Whitfield v. City of Atlanta (Ga. 2015).
· cites it 2× “18 (1) ( 701 SE2d 133 ) (2010); see also OCGA § 24-2-221 (judicial notice may be taken of certified copy of 2 ordinance); Leger v.”
Georgia Farm Bureau Mut. Ins. Co. v. Vincent Croft (Ga. Ct. App. 2013).
· cites it 2× “Even if we were to accept that the provisions of an ordinance as alleged by the Crofts (or as explained in the Glynn County letter), the pleadings, when construed as set forth above, show that there are issues of material fact regarding whether the ordinance would require the…”
David Sweeney v. Michelle D. Lowe (Ga. Ct. App. 2014).
· cites it 2× “See also OCGA § 24-2-221 (judicial notice may be taken of a certified copy of county ordinance).”
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treatment. Dots show Syfertize treatment of the citing case itself.