2010 Georgia Code
TITLE 24 - EVIDENCE
CHAPTER 5 - BEST EVIDENCE RULE
ARTICLE 2 - COPIES OF WRITINGS
§ 24-5-20 - When exemplifications of public records considered primary evidence; exemplifications transmitted by facsimile

O.C.G.A. 24-5-20 (2010)
24-5-20. When exemplifications of public records considered primary evidence; exemplifications transmitted by facsimile


(a) Exemplifications made by public officers of records, documents, papers, or other matters in their respective offices, pursuant to Code Sections 24-7-20 and 24-7-21 or in the manner set out in subsection (b) of this Code section, shall be primary evidence as to all records or other things required by law to remain in such offices, but only secondary evidence as to such documents as by law properly remain in the possession of the party.

(b) As an alternative to an exemplification made by any public officer of the records, documents, papers, or other matters in the office of such public officer in accordance with Code Sections 24-7-20 and 24-7-21, an exemplification transmitted by facsimile or a copy of an exemplification transmitted by facsimile is admissible if:

(1) The certification by the public officer includes a statement that the certified document is being transmitted by facsimile and the telephone number and location of the facsimile machine transmitting the facsimile; and

(2) Each page of the document shows the telephone number of the transmitting facsimile machine to be identical to the telephone number shown as a part of the certification by the public officer.

This subsection shall not be construed to require public officers to obtain or maintain facsimile equipment. Public officers are authorized to collect the usual cost of providing exemplifications as provided by law and a reasonable fee for the cost of telephone facsimile transmission. Public officers are authorized to maintain a record of facsimile exemplifications, which may but is not required to include the retention of the exemplification as transmitted by facsimile.