24-14-1. Party with burden of proof.

Active

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

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 lie on the party so affirming it.

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, § 24-14-1, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Law reviews

For comment on Moore v. Allen, 80 Ga. App. 784, 57 S.E.2d 511 (1950), see 12 Ga. B.J. 481 (1950). For article, the right to open and conclude the argument in tort cases, see 22 Ga. B.J. 297 (1960). For comment on Parham v. State, 120 Ga. App. 723, 171 S.E.2d 911 (1969) and the rejection of charge that defendant must prove alibi to the satisfaction of the jury, see 21 Mercer L. Rev. 511 (1970). For article, “Dancing with the Big Boys: Georgia Adopts (most of) the Federal Rules of Evidence,” see 63 Mercer L. Rev. 1 (2011).

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 553; merge action: carried; file SHA-256 5c80296e7624.