---
title: O.C.G.A. § 24-14-7. Positive testimony preferred over negative; exception.
collection: code
id: 24-14-7
cite_as: O.C.G.A. § 24-14-7 (2025)
canonical_url: https://georgiacommons.org/code/24-14-7
md_url: https://georgiacommons.org/code/24-14-7.md
text_url: https://georgiacommons.org/code/24-14-7/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=651
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. § 24-14-7. Positive testimony preferred over negative; exception.

The existence of a fact testified to by one positive witness is to be believed, rather than that such fact did not exist because many other witnesses who had the same opportunity of observation swear that they did not see or know of its having existed. This rule shall not apply when two parties have equal facilities for seeing or hearing a thing and one swears that it occurred while the other swears that it did not.

## History

Code 1981, § 24-14-7, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

## History of Section.

Former Code Section 24-4-7, which contained comparable provisions to this Code section, as effective January 1, 2013, was derived from the decisions in Cobb v. State, 27 Ga. 648 (1859) and Atlanta & W.P.R.R. v. Johnson, 66 Ga. 260 (1881).