Official Code of Georgia Annotated

Title 24. EVIDENCE · Chapter 14. PROOF GENERALLY · Article 3. PARTICULAR MATTERS OF PROOF

24-14-40. Evidence of identity; burden in civil proceedings.

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

(a)
Concordance of name alone is some evidence of identity. Residence, vocation, ownership of property, and other like facts may be proved. Reasonable certainty shall be all that is be required.#
(b)
In civil proceedings, parties shall generally be relieved from the onus of proving identity, as it is a fact generally more easily disproved than established.#

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, § 24-14-40, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

DNA sampling, collection, and analysis, § 35-3-160.

For article, “DNA Fingerprinting: A Scientific Perspective,” see 42 Mercer L. Rev. 1099 (1991).

History of Section.: Former Code Section 24-4-40, which contained comparable provisions to this Code section, as effective January 1, 2013, was derived from the decision in Mullery v. Hamilton, 71 Ga. 720 (1884).

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