§ 24-13-151. Inadequacy of Usual Proceeding to Be Shown
A petition for discovery merely or to perpetuate testimony shall not be sustained unless some reason is shown why the usual proceeding at law is inadequate. History. Code 1981, § 24-13-151 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.
§ 24-13-152. Materiality of Possession of Property; of Availability of Parties in Interest
The possession of the property is immaterial; nor shall the proceeding be denied though all parties in interest cannot be ascertained or reached. History. Code 1981, § 24-13-152 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.
§ 24-13-153. Use of Testimony
Testimony taken in the proceedings contemplated under Code Section 24-13-150 shall be used only from the necessity of the case, but in such case may be used against all persons, whether parties to the proceeding or not. History. Code 1981, § 24-13-153 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.
§ 24-13-154. Costs of Proceedings
The complainant shall in all cases be taxed with the costs of proceedings to perpetuate testimony. History. Code 1981, § 24-13-154 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.
§ 24-14-1. On Whom Burden of Proof Lies
The burden of proof generally lies upon the party who is asserting or affirming a fact and to the existence of whose case or defense the proof of such fact is essential. If a negation or negative affirmation is essential to a party’s case or defense, the proof of such negation or negative affirmation shall […]
§ 24-14-2. Change of Burden in Discretion of Court
What amount of evidence will change the onus or burden of proof shall be a question to be decided in each case by the sound discretion of the court. History. Code 1981, § 24-14-2 , enacted by Ga. L. 2011, p. 99, § 2/HB 24. Law reviews. For note discussing shifting burden of persuasion in […]
§ 24-14-3. Amount of Mental Conviction Required; Preponderance of Evidence in Civil Cases
Moral and reasonable certainty is all that can be expected in legal investigation. Except as provided in Code Section 51-1-29.5 or Code Section 51-12-5.1, in all civil proceedings, a preponderance of evidence shall be considered sufficient to produce mental conviction. In criminal proceedings, a greater strength of mental conviction shall be held necessary to justify […]
§ 24-14-4. Determining Where Preponderance of Evidence Lies
In determining where the preponderance of evidence lies, the jury may consider all the facts and circumstances of the case, the witnesses’ manner of testifying, their intelligence, their means and opportunity for knowing the facts to which they testified, the nature of the facts to which they testified, the probability or improbability of their testimony, […]
§ 24-14-5. Reasonable Doubt in Criminal Cases
Whether dependent upon direct or circumstantial evidence, the true question in criminal cases is not whether it is possible that the conclusion at which the evidence points may be false, but whether there is sufficient evidence to satisfy the mind and conscience beyond a reasonable doubt. History. Code 1981, § 24-14-5 , enacted by Ga. […]
§ 24-14-6. When Conviction May Be Had on Circumstantial Evidence
To warrant a conviction on circumstantial evidence, the proved facts shall not only be consistent with the hypothesis of guilt, but shall exclude every other reasonable hypothesis save that of the guilt of the accused. History. Code 1981, § 24-14-6 , enacted by Ga. L. 2011, p. 99, § 2/HB 24. History of Code section. […]