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2018 Georgia Code 24-2-221 | Car Wreck Lawyer

TITLE 24 EVIDENCE

Section 2. Judicial Notice, 24-2-201 through 24-2-221.

ARTICLE 2 LEGISLATIVE FACTS; ORDINANCES OR RESOLUTIONS

24-2-221. Judicial notice of ordinance or resolution.

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.

(Code 1981, §24-2-221, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

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, decisions under former Code 1933, § 38-112, and former O.C.G.A. § 24-1-4 are included 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) (municipal ordinance not pled) (decided under former Code 1933, § 38-112); Leger v. Ken Edwards Enters., Inc., 223 Ga. 536, 156 S.E.2d 651 (1967);(city or county ordinances) (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) (decided under former O.C.G.A. § 24-1-1).

Cited in Edwards v. City of Warner Robins, 302 Ga. 381, 807 S.E.2d 438 (2017).

Cases Citing O.C.G.A. § 24-2-221

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Whitfield v. City of Atlanta, 296 Ga. 641 (Ga. 2015).

Cited 17 times | Published | Supreme Court of Georgia | Feb 2, 2015 | 769 S.E.2d 76

...Davis & Shulman’s Georgia Practice & Procedure, § 7:9 (2014-2015 ed.). The proper method of proving a city ordinance is production of the original ordinance or a certified copy thereof. Thorsen v. Saber, 288 Ga. 18 (1) (701 SE2d 133) (2010); 2 see also OCGA § 24-2-221 (judicial notice may be taken of certified copy of ordinance); Leger v....
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Edwards v. City of Warner Robins, 302 Ga. 381 (Ga. 2017).

Cited 6 times | Published | Supreme Court of Georgia | Oct 30, 2017 | 807 S.E.2d 438

...5 and 61.6 as an attachment to their complaint. 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....

Bailey v. Mcintosh Cnty. (three Cases) (Ga. 2025).

Published | Supreme Court of Georgia | Sep 30, 2025 | 807 S.E.2d 438

Whitfield v. City of Atlanta (Ga. 2015).

Published | Supreme Court of Georgia | Feb 2, 2015 | 807 S.E.2d 438

...Davis & Shulman’s Georgia Practice & Procedure, § 7:9 (2014-2015 ed.). The proper method of proving a city ordinance is production of the original ordinance or a certified copy thereof. Thorsen v. Saber, 288 Ga. 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....