Official Code of Georgia Annotated

Title 24. EVIDENCE · Chapter 14. PROOF GENERALLY · Article 2. PRESUMPTIONS AND ESTOPPEL

24-14-22. Presumption from failure to produce evidence.

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

If a party has evidence in such party’s power and within such party’s reach by which he or she may repel a claim or charge against him or her but omits to produce it or if such party has more certain and satisfactory evidence in his or her power but relies on that which is of a weaker and inferior nature, a presumption arises that the charge or claim against such party is well founded; but this presumption may be rebutted.

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, § 24-14-22, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Law reviews

For comment on Hornsby v. Allen, 326 F.2d 605 (5th Cir. 1964), see 1 Ga. St. B. J. 550 (1965). For comment discussing the right to present evidence for the purposes of rebutting presumption, in light of Vlandis v. Kline, 412 U.S. 441, 93 S. Ct. 2230, 37 L. Ed. 2d 63 (1973), see 10 Ga. St. B.J. 484 (1974). For article, “Spoliation of Evidence,” see 8 Ga. St. B.J. 12 (2003). For note, “Spoliating the Adverse Inference Instruction: The Impact of the 2015 Amendment to Federal Rule of Civil Procedure 37(E),” see 51 Ga. L. Rev. 917 (2017). For note, “Georgia’s Approach to Pro-portionality and Sanctions for the Spoliation of Electronically Stored Information,” see 37 Ga. St. U.L. Rev. 603 (2021).

Other notes

History of Section.: Former Code Section 24-4-422, which contained comparable provisions to this Code section, as effective January 1, 2013, was derived from the decisions in Mitchell v. State, 71 Ga. 128 (1883); First Nat’l Bank v. Atlanta Rubber Co., 77 Ga. 781 (1886); Savannah, Florida & Western Ry. v. Gray, 77 Ga. 440, 3 S.E. 158 (1887); and Stevenson v. State, 83 Ga. 575, 10 S.E. 234 (1889).

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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, pages 744 to 745; merge action: carried; file SHA-256 5c80296e7624.

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