---
title: O.C.G.A. § 24-11-23. Procedure for establishment of lost or destroyed papers other than office paper.
collection: code
id: 24-11-23
cite_as: O.C.G.A. § 24-11-23 (2025)
canonical_url: https://georgiacommons.org/code/24-11-23
md_url: https://georgiacommons.org/code/24-11-23.md
text_url: https://georgiacommons.org/code/24-11-23/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t24-ch8-14-(v20a)-2023-pdf.pdf?sfvrsn=560fbfc0_0#page=452
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/24-11.md
previous: https://georgiacommons.org/code/24-11-22.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: EVIDENCE / ESTABLISHMENT OF LOST RECORDS / PRIVATE PAPERS
---

# O.C.G.A. § 24-11-23. Procedure for establishment of lost or destroyed papers other than office paper.

(a) The owner of a lost or destroyed paper which is not an office paper, as defined in Code Section 24-11-20, who desires to establish such paper shall present to the clerk of the superior court of the county where the maker of the paper resides, if the maker is a resident of this state, a petition in writing, together with a duplicate, in substance, of the paper lost or destroyed, as nearly as he or she can recollect, which duplicate shall be sworn to by the petitioner, the petitioner’s agent, or the petitioner’s attorney.

(b) The clerk shall issue a rule nisi in the name of the judge of the superior court calling upon the opposite party to show cause, if he or she has any, why the duplicate sworn to should not be established in lieu of the lost or destroyed original. If the respondent is found in this state, the rule nisi shall be served personally upon the respondent in the manner provided by Code Section 9-11-4 at least 20 days before the sitting of the court to which the rule nisi is made returnable. If the respondent cannot be found in this state, the rule nisi shall be served upon the respondent by publication in the manner provided in Code Section 9-11-4 before the final hearing of the rule nisi.

## History

Code 1981, § 24-11-23, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

## Cross References

Filing of foreign judgments, § 9-12-132.