24-14-4. Determining where preponderance of evidence lies.

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

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, their interest or want of interest, and their personal credibility so far as the same may legitimately appear from the trial. The jury may also consider the number of the witnesses, though the preponderance is not necessarily with the greater number.

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.

Code 1981, § 24-14-4, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

For survey article on evidence law, see 60 Mercer L. Rev. 135 (2008).

History of Section.: Former Code Section 24-4-4 which contained comparable provisions to this Code section, as effective January 1, 2013, was derived from the decisions in Clark v. Cassidy, 62 Ga. 407 (1879); Head v. Bridges, 67 Ga. 227 (1881); Cleghorn v. Jones, 68 Ga. 87 (1881); and Kinnebrew v. State, 80 Ga. 232, 5 S.E. 26 (1887).

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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, page 569; merge action: carried; file SHA-256 5c80296e7624.