As used in this chapter, the term: “Writing” or “recording” means letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, magnetic impulse, or mechanical or electronic recording or other form of data compilation. “Photograph” includes still photographs, X-ray films, video recordings, and motion pictures. “Original” means the writing or recording […]
To prove the contents of a writing, recording, or photograph, the original writing, recording, or photograph shall be required. History. Code 1981, § 24-10-1002 , enacted by Ga. L. 2011, p. 99, § 2/HB 24. Cross references. Parol contracts, § 13-1-6 . Statute of frauds, § 13-5-30 et seq. Parol evidence generally, Ch. 3 of […]
A duplicate shall be admissible to the same extent as an original unless: A genuine question is raised as to the authenticity of the original; or A circumstance exists where it would be unfair to admit the duplicate in lieu of the original. History. Code 1981, § 24-10-1003 , enacted by Ga. L. 2011, p. […]
The original shall not be required and other evidence of the contents of a writing, recording, or photograph shall be admissible if: All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; No original can be obtained by any available judicial process or procedure; At a time […]
The contents of a public record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by duplicate, certified as correct in accordance with Code Section 24-9-902 or Code Section 24-9-920 or testified to be correct by a […]
The contents of otherwise admissible voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The court may […]
The contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by that party’s written admission, without accounting for the nonproduction of the original. History. Code 1981, § 24-10-1007 , enacted by Ga. L. 2011, p. 99, § 2/HB 24. Cross references. Testimony or […]
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, […]
