O.C.G.A. § 24-9-920 (2019)

Annotations

Cross references. Proof of lack of public record by evidence showing that record cannot be found, § 9-11-44. Records, documents, and papers of public officers generally, T. 50, C. 18.

Law reviews. For article, “An Analysis of Georgia’s Proposed Rules of Evidence,” see 26 Ga. St. B.J. 173 (1990). For article, “Dancing with the Big Boys: Georgia Adopts (most of) the Federal Rules of Evidence,” see 63 Mercer L. Rev. 1 (2011).

JUDICIAL DECISIONS ANALYSIS GENERAL CONSIDERATION PUBLIC OFFICERS CERTIFICATE AND SEAL ATTESTATION TREATMENT OF SPECIFIC RECORDS NOT APPLICABLE TO FEDERAL RECORDS COURT RECORDS General Consideration Editor’s notes. - In light of the similarity of the statutory provisions, decisions under Laws 1830, Cobb’s 1851 Digest, p. 273, Ga. L. 1855-56, p. 143, § 1, former Code 1863, § 3739, former Code 1868, § 3763, former Code 1873, § 3816, former Code 1882, § 3816, former Civil Code 1895, § 5211, former Penal Code 1895, § 1015, former Civil Code 1910, § 5798, former Penal Code 1910, § 1041, former Code 1933, § 38-601, and former O.C.G.A. § 24-7-20 are included in the annotations for this Code section. The

reader is also advised to consult the annotations under O.C.G.A. §§ 24-9-901 and 24-9-902, for annotations discussing authentication requirements in general. Public Officers Commission not required. - “Public officer,” whose certification authenticated copies of records, was not expressly required to be commissioned by the Governor. Cowan v. State, 130 Ga. App. 320, 203 S.E.2d 311, 1973 Ga. App. LEXIS 1311 (1973) (decided under former Code 1933, § 38-601); Waddill v. Waddill, 143 Ga.

Public Officers (Cont’d) App. 806, 240 S.E.2d 129, 1977 Ga. App. LEXIS 2513 (1977) (decided under former Code 1933, § 38-601). Deputies authorized to certify. - Certificate need not be by a public officer personally, rather than by a deputy officer who certified that the deputy was the custodian of the records. Musgrove v. State, 230 Ga. 46, 195 S.E.2d 407, 1973 Ga. LEXIS 805 (1973) (decided under former Code 1933, § 38-601); Cowan v. State, 130 Ga. App. 320, 203 S.E.2d 311, 1973 Ga. App. LEXIS 1311 (1973) (decided under former Code 1933, § 38-601); Waddill v. Waddill, 143 Ga. App. 806, 240 S.E.2d 129, 1977 Ga. App. LEXIS 2513 (1977) (decided under former Code 1933, § 38-601); Blackmon v. State, 153 Ga. App. 359, 265 S.E.2d 320, 1980 Ga. App. LEXIS 1806 (1980) (decided prior to 1980 amendment to former Code 1933, § 68B215 (see § 40-5-2) and under Code 1933, § 38-601). Court reporters were not authorized to certify. Hardeman v. English, 79 Ga. 387, 5 S.E. 70, 1887 Ga. LEXIS 234 (1887) (decided under former Code 1882, § 3816). Clerk of court authorized to certify. - Any witness who read the records in the clerk’s office could testify as to what was found or not found but only the certificate of the clerk was sufficient to authenticate any record existing in the clerk’s office. Hines v. Johnston, 95 Ga. 644, 23 S.E. 970 (1895) (decided under former Code 1882, § 3816). Federal officers and employees were not authorized to certify. O’Connor v. United States, 11 Ga. App. 246, 75 S.E. 110, 1912 Ga. App. LEXIS 353 (1912) (decided under former Penal Code 1910, § 1041); Edmonds v. State, 201 Ga. 108, 39 S.E.2d 24, 1946 Ga. LEXIS 432 (1946) (decided under former Code 1933, § 38-601); Pressley v. State, 207 Ga. 274, 61 S.E.2d 113, 1950 Ga. LEXIS 445 (1950) (decided under former Code 1933, § 38-601); Mach v. State, 109 Ga. App. 154, 135 S.E.2d 467, 1964 Ga. App. LEXIS 822 (1964), superseded by statute as stated in State v. Cook, 172 Ga. App. 433, 323 S.E.2d 634, 1984 Ga. App.

LEXIS 2539 (1984) (decided under former Code 1933, § 38-601); Cowan v. State, 130 Ga. App. 320, 203 S.E.2d 311, 1973 Ga. App. LEXIS 1311 (1973) (decided under former Code 1933, § 38-601). Ineffective assistance of counsel for failing to object to officer’s hearsay testimony. - Appellate court reversed the trial court’s denial of the defendant’s motion for a new trial with respect to the two misdemeanor traffic violations because the prejudice from trial counsel’s failure to object was clear since the officer’s hearsay testimony was the only evidence offered to prove the elements of the traffic offenses and had the evidence been excluded, there would not have been sufficient evidence to convict on those offenses. Taylor v. State, 337 Ga. App. 486, 788 S.E.2d 97, 2016 Ga. App. LEXIS 357 (2016). Certificate and Seal Form of certificate. - Certificate in the following form: “The above and foregoing is a true copy,” etc., was a sufficient authentication of a record. Harden v. Webster, Parmelee & Co., 29 Ga. 427, 1859 Ga. LEXIS 358 (1859) (decided under Ga. L. 1855-56, p. 143, § 1). Sufficiency of certificate. - To make a certificate from the Executive Department admissible in evidence, it was not necessary that the certificate give a copy of that to which it relates. It was sufficient that it gave, substantially, the contents, or a part of the contents, of the thing to which it related. Henderson v. Hackney, 16 Ga. 521, 1854 Ga. LEXIS 214 (1854) (decided under Laws 1830, Cobb’s 1851 Digest, p. 273). Validity of record certified. - In action for alimony when plaintiff introduced a certified copy of marriage certificate, no issue as to validity of marriage was made in the absence of a direct attack on the record by the defendant. Guess v. Guess, 202 Ga. 364, 43 S.E.2d 326, 1947 Ga. LEXIS 448 (1947) (decided under former Code 1933, § 38-601). Nothing in former O.C.G.A. § 247-20 (see now O.C.G.A. § 24-9-902) required that certified copies be photostatic copies of original documents. Cook v. State, 255 Ga. 565, 340 S.E.2d

843, 1986 Ga. LEXIS 607, cert. denied, 479 U.S. 871, 107 S. Ct. 241, 93 L. Ed. 2d 166, 1986 U.S. LEXIS 4139 (1986) (decided under former O.C.G.A. § 24-7-20). Elements of authentication. - Establishment of three elements was commonly spoken of as authentication: the authority of the officer issuing the document, the incumbency of the officer, and the genuineness of the officer’s signature or seal. Edmonds v. State, 201 Ga. 108, 39 S.E.2d 24, 1946 Ga. LEXIS 432 (1946) (decided under former Code 1933, § 38627). Municipality without corporate seal. - When a municipality had no seal, it was not error to admit in evidence an original ordinance if it was admitted to be such. Greenberg v. Rothberg, 72 Ga. App. 882, 35 S.E.2d 485, 1945 Ga. App. LEXIS 733 (1945) (decided under former Code 1933, § 38-606). Attestation Contents of record. - Former statute merely required a certificate or attestation, without specifying any detail as to the location and length of the record, by reference to the number of pages, minute book, case number, and similar details. McIntyre v. Balkcom, 229 Ga. 81, 189 S.E.2d 445, 1972 Ga. LEXIS 506 (1972) (decided under former Code 1933, § 38601). Treatment of Specific Records Acknowledgment of service. - There was no error in admitting in evidence the certified copy of an acknowledgment of service. James v. Edward Thompson Co., 17 Ga. App. 578, 87 S.E. 842, 1916 Ga. App. LEXIS 796 (1916) (decided under former Civil Code 1910, § 5798). Administrative records. - Properly authenticated administrative records are admissible. Niehaus v. State, 149 Ga. App. 575, 254 S.E.2d 895, 1979 Ga. App. LEXIS 1940 (1979) (decided under former Code 1933, § 38-601). Conditional sales contract. - Conditional sales contract duly recorded and on its face properly executed and attested was admissible in evidence. Central Bank & Trust Co. v. Creede, 103 Ga. App. 203, 118 S.E.2d 844, 1961 Ga. App. LEXIS 909

(1961) (decided under former Code 1933, § 38-601). County bonds. - It was the duty of the clerk of the superior court to sign a validation certificate and attach the seal of the clerk’s office to all county bonds regularly validated. Touchton v. Echols County, 211 Ga. 85, 84 S.E.2d 81, 1954 Ga. LEXIS 510 (1954) (decided under former Code 1933, § 38-601). Distribution of estate. - When a division in kind was made between heirs and distributees of a decedent, a certified copy of the return of the commissioners, and of the order of the court approving the return, were admissible in evidence in an action involving title to the land covered by the award. Bell v. Cone, 208 Ga. 467, 67 S.E.2d 558, 1951 Ga. LEXIS 402 (1951) (decided under former Code 1933, § 38601). Driver’s license. - Because a defendant’s driver’s license was a properly certified public record, the trial court was permitted to infer the reliability of any hearsay contained therein and to conclude that no confrontation clause violation had been shown pursuant to former O.C.G.A. §§ 24-3-17 and 24-7-20 (see now O.C.G.A. §§ 24-9-902 and 24-9-924). Douglas v. State, 312 Ga. App. 585, 718 S.E.2d 908, 2011 Ga. App. LEXIS 1022 (2011), cert. denied, No. S12C0470, 2012 Ga. LEXIS 606 (Ga. June 18, 2012) (decided under former O.C.G.A. § 24-7-20). Fertilizer analysis record. - A certified copy of an analysis of fertilizers to be used in an action for false or incorrect branding should not contain a statement as to the penalty or damage for which the manufacturer or dealer might be deemed to be liable; only the mathematical result of the chemical analysis should be stated. Georgia Fertilizer Co. v. Walker, 45 Ga. App. 68, 163 S.E. 277, 1932 Ga. App. LEXIS 166 (1932) (decided under former Civil Code 1910, § 5798). Map of county. - Properly certified copy of a map of a county, in the office of the Secretary of State, was admissible in evidence without proof of the correctness or existence of the original. Berry v. Clark, 117 Ga. 964, 44 S.E. 824, 1903 Ga. LEXIS 401 (1903) (decided under former Civil Code 1895, § 5211).

Treatment of Specific Records (Cont’d) Marriage record. - Public record of a ceremonial marriage was conclusive evidence of such marriage, in the absence of a timely direct attack on such record, which attack must be supported by proper proof. Guess v. Guess, 202 Ga. 364, 43 S.E.2d 326, 1947 Ga. LEXIS 448 (1947) (decided under former Code 1933, § 38-601). Intoxilyzer report. - Defendant’s conviction for driving under the influence to the extent that defendant’s blood-alcohol content exceeded the legal limit was reversed as the trial court erroneously admitted a copy of the Intoxilyzer report over a best evidence objection; the state was unable to explain the absence of the original, the state presented no evidence that the state made any effort to locate the original, and former O.C.G.A. § 24-7-20 (see now O.C.G.A. § 24-9-902) did not apply. Lumley v. State, 280 Ga. App. 82, 633 S.E.2d 413, 2006 Ga. App. LEXIS 755 (2006) (decided under former O.C.G.A. § 24-7-20). Book-in photographs. - Although the appellate court found that book-in photographs which the state offered to prove that defendant was the same person who was convicted of a prior felony, albeit under a different name, could have been admitted under former O.C.G.A. § 247-20 (see now O.C.G.A. § 24-9-902), and the appellate court recommended that practice, the appellate court held that the trial court did not abuse the court’s discretion during the sentencing phase of defendant’s trial when the court admitted the photographs and used them to determine that defendant was subject to a sentence of life in prison without parole, pursuant to O.C.G.A. § 17-10-7(c), because defendant had prior felony convictions. Farmer v. State, 268 Ga. App. 831, 603 S.E.2d 16, 2004 Ga. App. LEXIS 858 (2004), cert. denied, No. S04C2071, 2004 Ga. LEXIS 970 (Ga. Oct. 25, 2004) (decided under former O.C.G.A. § 24-7-20). Search warrants. - Rule that a public record could be proved only by a duly certified copy thereof, in the absence of admission in open court that the document was an original public record, did

not apply to search warrants. DePalma v. State, 228 Ga. 272, 185 S.E.2d 53, 1971 Ga. LEXIS 539 (1971) (decided under former Code 1933, § 38-601). Secretary of State’s office records. - A certified copy of a record in the office of the Secretary of State was held admissible on the question as to who was the grantee of land from the state. Ferrell v. Hurst, 68 Ga. 132, 1881 Ga. LEXIS 329 (1881) (decided under former Code 1873, § 3816). Computer printout from state website. - Former homeowner was required to give notice to a defendant under O.C.G.A. § 10-1-399 even though the defendant was incorporated and had its principal place of business in a different state. There was no evidence that the defendant did not maintain a place of business in Georgia or keep some assets in Georgia, and the homeowner’s contention was predicated on uncertified computer printouts from the Secretary of State’s website, which were inadmissible under former O.C.G.A. § 24-7-20 (see now O.C.G.A. § 24-9-907). Steed v. Fed. Nat’l Mortg. Corp., 301 Ga. App. 801, 689 S.E.2d 843, 2009 Ga. App. LEXIS 1452 (2009) (decided under former O.C.G.A. § 24-7-20). Transcript of tax records. - Upon the trial of a tax collector for embezzlement, transcripts from the books of the Comptroller General and former Treasurer of the State, certified under the former statute, were admissible in evidence to show a failure on the part of such defendant to pay over the taxes collected by the defendant tax collector. Shivers v. State, 53 Ga. 149, 1874 Ga. LEXIS 425 (1874) (decided under former Code 1873, § 3816). Tax returns. - It was not error to allow material portions of certified copies of tax returns of the defendant in ejectment, as to the number of acres of land given in by the defendant and the value thereof for certain years, to be received in evidence over the objection that the copies were certified to by the tax receiver, and not by the tax collector; that the original returns themselves, and not certified copies of the returns, should be produced in evidence. Jett v. Hart, 152 Ga. 266, 109

S.E. 654, 1921 Ga. LEXIS 68 (1921) (decided under former Civil Code 1910, § 5798). Tax return records of state. - Books of tax returns in the office of the Comptroller General were of equal rank as evidence with those in the proper offices of the respective counties, and the certificate of the Comptroller General touching the contents of such books was no less admissible than the certificates of the proper county officer were. Clark v. Empire Lumber Co., 87 Ga. 742, 13 S.E. 826, 1891 Ga. LEXIS 270 (1891) (decided under former Code 1882, § 3816). Execution for unpaid taxes. - After an execution for unpaid taxes was issued by the Comptroller General against a certain tract of unreturned wild land, and a sale of the land was made thereunder, and the execution was returned to the Comptroller’s office with the official entries thereon, it became an office paper, and a certified copy of such execution and entries was admissible in evidence in lieu of the original. Cannon v. Gorham, 136 Ga. 167, 71 S.E. 142 (1911) (decided under former Civil Code 1910, § 5798). Uncertified copies of computer printouts. - Uncertified copies of computer printouts apparently obtained from the Secretary of State’s website could not be used as evidence to show a relationship between corporations because the printouts did not contain a certificate or attestation of a public officer and thus were not properly authenticated. Matson v. Noble Inv. Group, LLC, 288 Ga. App. 650, 655 S.E.2d 275, 2007 Ga. App. LEXIS 1266 (2007) (decided under former O.C.G.A. § 24-7-20). Name search records from Secretary of State in form of computer printouts. - Trial court erred in considering name search documents from the Ohio Secretary of State’s office because the documents were not properly authenticated under former O.C.G.A. § 24-7-20 (see now O.C.G.A. § 24-9-902). Uncertified copies of computer printouts from a Secretary of State’s website were not admissible as evidence unless authenticated. Std. Bldg. Co. v. Wallen Concept Glazing, Inc., 298 Ga. App. 443, 680 S.E.2d 527, 2009 Ga. App. LEXIS 706

(2009) (decided under former O.C.G.A. § 24-7-20). Tally sheets of election. - Exemplifications of “records and minutes” of municipal corporations did not include tally sheets of former municipal elections. Sewell v. City of Tallapoosa, 145 Ga. 19, 88 S.E. 577, 1916 Ga. LEXIS 161 (1916) (decided under former Civil Code 1910, § 5803). Not Applicable to Federal Records Elements of authentication, the authority, the incumbency, and the genuineness of the signature of the certifying custodian, were applicable to records of the federal, not the state, government. O’Connor v. United States, 11 Ga. App. 246, 75 S.E. 110, 1912 Ga. App. LEXIS 353 (1912) (decided under former Civil Code 1910, § 5798); Edmonds v. State, 201 Ga. 108, 39 S.E.2d 24, 1946 Ga. LEXIS 432 (1946) (decided under former Code 1933, § 38-601); Pressley v. State, 207 Ga. 274, 61 S.E.2d 113, 1950 Ga. LEXIS 445 (1950) (decided under former Code 1933, § 38-601); Mach v. State, 109 Ga. App. 154, 135 S.E.2d 467, 1964 Ga. App. LEXIS 822 (1964), superseded by statute as stated in State v. Cook, 172 Ga. App. 433, 323 S.E.2d 634, 1984 Ga. App. LEXIS 2539 (1984) (decided under former Code 1933, § 38-601); Cowan v. State, 130 Ga. App. 320, 203 S.E.2d 311, 1973 Ga. App. LEXIS 1311 (1973) (decided under former Code 1933, § 38-601). Court Records In general. - Clerk of court may certify a copy or transcript of the court record, but the clerk’s certificate of the nonexistence on the records of certain facts was not admissible. Miller v. Reinhart, 18 Ga. 239, 1855 Ga. LEXIS 183 (1855) (decided under Laws 1830, Cobb’s 1851 Digest, p. 273); Dillon v. Mattox, 21 Ga. 113, 1857 Ga. LEXIS 13 (1857) (decided under Ga. L. 1855-56, p. 143, § 1); Martin v. Anderson, 21 Ga. 301, 1857 Ga. LEXIS 56 (1857) (decided under Ga. L. 1855-56, p. 143, § 1); Walker v. Logan, 75 Ga. 759, 1885 Ga. LEXIS 226 (1885) (decided under former Code 1882, § 3816); Lamar v. Pearre, 90 Ga. 377, 17 S.E. 92, 1892 Ga. LEXIS 184 (1892) (decided under former

Court Records (Cont’d) Code 1882, § 3816); Hines v. Johnston, 95 Ga. 644, 23 S.E. 470 (1895) (decided under former Civil Code 1895, § 5211); Greer v. Fergerson, 104 Ga. 552, 30 S.E. 943, 1898 Ga. LEXIS 363 (1898) (decided under former Civil Code 1895, § 5211); but see for contra implication Thompson v. Cheatham, 244 Ga. 120, 259 S.E.2d 62 (1979). Court proceedings. - The only legal way to prove proceedings of the superior court was by an extract from the minutes of that court duly certified by the court’s clerk. Bowden v. Taylor, 81 Ga. 199, 6 S.E. 277, 1888 Ga. LEXIS 91, writ denied, 81 Ga. 204, 6 S.E. 280, 1888 Ga. LEXIS 92 (1888) (decided under former Code 1882, § 3816); Weaver v. Tuten, 138 Ga. 101, 74 S.E. 835, 1912 Ga. LEXIS 210 (1912) (decided under former Civil Code 1910, § 5798). Criminal proceedings. - Exemplification of the record of an illegality case, under the hand and seal of the clerk, exhibiting among other things, the assignment by the plaintiff of the writ of fi. fa., was admissible in evidence to prove the transfer. Napier v. Neal, 3 Ga. 298, 1847 Ga. LEXIS 110 (1847) (decided under Laws 1830, Cobb’s 1851 Digest, p. 273). Guilty plea. - Trial court properly used a prior guilty plea to sentence the defendant as a recidivist when the state had presented a certified copy of the plea that was signed and initialed by defense counsel along with a plea hearing transcript; even if the plea hearing transcript was uncertified and unauthenticated, the certified copy of the plea was admissible under former O.C.G.A. § 24-7-20 (see now O.C.G.A. § 24-9-902), and the defendant did not produce evidence of invalidity once the fact of conviction was proved and the state showed that the defendant was represented by counsel. Moorer v. State, 286 Ga. App. 395, 649 S.E.2d 537, 2007 Ga. App. LEXIS 784 (2007), cert. dismissed, No. S07C1910, 2007 Ga. LEXIS 806 (Ga. Oct. 29, 2007) (decided under former O.C.G.A. § 24-7-20). Proceedings in same court. - Original papers of proceedings in the court were admissible in another case in the

same court where otherwise relevant. Sellers v. Page, 127 Ga. 633, 56 S.E. 1011, 1907 Ga. LEXIS 445 (1907) (decided under former Civil Code 1895, § 5211); Woods v. Travelers Ins. Co., 53 Ga. App. 429, 186 S.E. 467, 1936 Ga. App. LEXIS 142 (1936) (decided under former Code 1933, § 38-601); Clackum v. State, 55 Ga. App. 44, 189 S.E. 397, 1936 Ga. App. LEXIS 424 (1936) (decided under former Code 1933, § 38-601); Williford v. State, 55 Ga. App. 40, 192 S.E. 93 (1937) (decided under former Code 1933, § 38-601); Brantley v. State, 121 Ga. App. 79, 172 S.E.2d 852, 1970 Ga. App. LEXIS 1113 (1970) (decided under former Code 1933, § 38-601); Thompson v. Cheatham, 244 Ga. 120, 259 S.E.2d 62 (1979) (decided under former Code 1933, § 38-601). Proceedings in other courts. - Former statute made provision for exemplification by certificate of any public officer of authenticity of any copy or transcript of any record, but had no relation to the court record in another case or cases pending in the same court in which the records were offered in evidence. Brantley v. State, 121 Ga. App. 79, 172 S.E.2d 852, 1970 Ga. App. LEXIS 1113 (1970) (decided under former Code 1933, § 38-601). Certification of nonconforming record. - Certification by the clerk of court must speak the truth, and the clerk must not be required by a mandamus, or otherwise, to certify an instrument that did not conform to the records in the clerk’s office. Touchton v. Echols County, 211 Ga. 85, 84 S.E.2d 81, 1954 Ga. LEXIS 510 (1954) (decided under former Code 1933, § 38601). Judgment. - Introduction of a certified copy of a judgment against a party was sufficient evidence to prove the existence of that judgment. Gowdey v. Rem Assocs., 176 Ga. App. 83, 335 S.E.2d 309, 1985 Ga. App. LEXIS 2226 (1985) (decided under former O.C.G.A. § 24-7-20). Trial court did not abuse the court’s discretion when the court excluded a document purported to be the codefendant’s felony conviction, as the document was not a properly certified copy and was unauthenticated. McClendon v. State, 276 Ga. App. 543, 623 S.E.2d 738, 2005 Ga. App. LEXIS 1306 (2005) (decided under former O.C.G.A. § 24-7-20).

Record of conviction. - Certification and seal on record of conviction furnished by an officer of the Department of Offender Rehabilitation (now Corrections) who was required by law to keep the records on file was sufficient to qualify the record for admission into evidence to establish the fact of lawfulness of incarceration even though the certification was not by the Superior Court of Whitfield County, the source of the original document. Ward v. State, 165 Ga. App. 163, 300 S.E.2d 528, 1983 Ga. App. LEXIS 1803 (1983) (decided under former O.C.G.A. § 24-7-20). Authentication does not automatically establish admissibility. - Former O.C.G.A. § 24-7-20 (see now O.C.G.A. § 24-9-902) did not address hearsay concerns; the former statute did not require the admission of hearsay merely because the hearsay had been recorded in a court of record. McGaha v. State, 221 Ga. App. 440, 471 S.E.2d 533 (decided under former O.C.G.A. § 24-720). Clerical error in a certified copy of the sentence of one convicted of a crime did not render the paper inadmissible in evidence if it clearly appeared from the context what the true purport of the document was. Daniel v. State, 114 Ga. 533, 40 S.E. 805, 1902 Ga. LEXIS 712 (1902) (decided under former Penal Code 1895, § 1015). Objection to admission of record. - It was too late to object to a record for want of proper authentication after the

record had been admitted and read to the jury without objection. Williams v. Rawlins, 33 Ga. 117, 1861 Ga. LEXIS 297 (1861) (decided under Ga. L. 1855-56, p. 143, § 1). Traffic citation indicating guilty plea admissible. - In a suit for damages sustained in an automobile collision, alleging that the defendant negligently failed to yield the right-of-way at a stop sign, the trial court did not err by admitting evidence of a traffic citation issued against the defendant in conjunction with the accident. The citation noted entry of a guilty plea, but also indicated the defendant was found guilty by the municipal court. Though ambiguous and subject to conflicting interpretations, the citation was relevant if interpreted by the jury as a plea of guilty. Hunter v. Hardnett, 199 Ga. App. 443, 405 S.E.2d 286, 1991 Ga. App. LEXIS 533 (1991), cert. denied, No. S91C1021, 1991 Ga. LEXIS 490 (Ga. July 3, 1991) (decided under former O.C.G.A. § 24-7-20). Pleading not used as court record. - When a plea of guilty, in a prior criminal proceeding arising from the same occurrence, was admitted in evidence in the subsequent civil case for its impeaching value, the plea was not admitted as a court paper, and the former statute did not apply. Webb v. May, 91 Ga. App. 437, 85 S.E.2d 641, 1955 Ga. App. LEXIS 768 (1955) (decided under former Code 1933, § 38-601).

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 38-601 and former O.C.G.A. § 24-7-20 have been included in the opinions for this Code section.

Former statute related only to the certification of state and county records, and did not embrace federal records. 1970 Op. Att’y Gen. No. U70-176 (decided under former Code 1933, § 38601).

RESEARCH REFERENCES Am. Jur. 2d. 29A Am. Jur. 2d, Evidence, §§ 1303, 1320, 1321. Am. Jur. Pleading and Practice Forms. 21A Am. Jur. Pleading and Practice Forms, Records and Recording Laws, § 3. C.J.S. 32 C.J.S., Evidence, §§ 841 et seq., 886, 896, 897. 32A C.J.S., Evidence, § 1037. ALR. Admissibility, in personal injury or death action arising out of airplane accident, of documents and reports pertaining to investigations, 23 A.L.R.2d 1360. Presumption and prima facie case as to ownership of vehicle causing highway accident, 27 A.L.R.2d 167.

Admissibility of report of police or other public officer or employee, or portions of reports, as to cause of or responsibility for accident, injury to person, or damage to property, 69 A.L.R.2d 1148. Weather reports and records as evidence, 57 A.L.R.3d 713. Admissibility, under public records exception to hearsay rule, of record kept by public official without express statutory direction or authorization, 80 A.L.R.3d 414. Authentication of electronically stored evidence, including text messages and email, 45 A.L.R.4th 602.