24-10-1004. Admissibility of other evidence of contents of a writing, recording, or photograph.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

The original shall not be required and other evidence of the contents of a writing, recording, or photograph shall be admissible if:
(1)
All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith;#
(2)
No original can be obtained by any available judicial process or procedure;#
(3)
At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and that party does not produce the original at the hearing; or#
(4)
The writing, recording, or photograph is not closely related to a controlling issue.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 24-10-1004, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Cross references

Recording lost or destroyed deeds, § 44-2-12. Admissibility of other evidence of content, Fed. R. Evid. 1004.

Law reviews

For comment on Mitchell v. United States, 214 Ga. 473, 105 S.E.2d 337 (1958), see 21 Ga. B.J. 553 (1959).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t24-ch8-14-(v20a)-2023-pdf.pdf, Volume V20A, 2023 edition, page 427; merge action: annotated; file SHA-256 5c80296e7624.

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