---
title: O.C.G.A. § 24-14-4. Determining where preponderance of evidence lies.
collection: code
id: 24-14-4
cite_as: O.C.G.A. § 24-14-4 (2025)
canonical_url: https://georgiacommons.org/code/24-14-4
md_url: https://georgiacommons.org/code/24-14-4.md
text_url: https://georgiacommons.org/code/24-14-4/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=569
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.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: EVIDENCE / PROOF GENERALLY / GENERAL PROVISIONS
---

# O.C.G.A. § 24-14-4. Determining where preponderance of evidence lies.

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.

## History

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

## Law Reviews

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).