2021 Georgia Code
Title 24 - Evidence
Chapter 9 - Authentication and Identification
Article 1 - General Provisions
§ 24-9-902. Self-Authentication

Extrinsic evidence of authenticity as a condition precedent to admissibility shall not be required with respect to the following:

1. A document bearing a seal purporting to be that of the United States or of any state, district, commonwealth, territory, or insular possession thereof or the Panama Canal Zone or the Trust Territory of the Pacific Islands or of a political subdivision, department, officer, or agency thereof or of a municipal corporation of this state and bearing a signature purporting to be an attestation or execution;
2. A document purporting to bear the signature in the official capacity of an officer or employee of any entity included in paragraph (1) of this Code section having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine;
3. A document purporting to be executed or attested in an official capacity by a person authorized by the laws of a foreign country to make such execution or attestation and accompanied by a final certification as to the genuineness of the signature, official position of the executing or attesting person, or of any foreign official whose certificate of genuineness of signature and official position relates to such execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to such execution or attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent of the United States or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that such documents be treated as presumptively authentic without final certification or permit such documents to be evidenced by an attested summary with or without final certification;
4. A duplicate of an official record or report or entry therein or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification by certificate complying with paragraph (1), (2), or (3) of this Code section or complying with any law of the United States or of this state, including Code Section 24-9-920;
5. Books, pamphlets, or other publications purporting to be issued by a public office;
6. Printed materials purporting to be newspapers or periodicals;
7. Inscriptions, signs, tags, or labels purporting to have been affixed in the course of business and indicating ownership, control, or origin;
8. Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments;
9. Commercial paper, signatures thereon, and documents relating thereto to the extent provided by general commercial law;
10. Any signature, document, or other matter declared by any law of the United States or of this state to be presumptively or prima facie genuine or authentic;
11. The original or a duplicate of a domestic record of regularly conducted activity that would be admissible under paragraph (6) of Code Section 24-8-803 if accompanied by a written declaration of its custodian or other qualified person certifying that the record:
    1. Was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of such matters;
    2. Was kept in the course of the regularly conducted activity; and
    3. Was made by the regularly conducted activity as a regular practice.

       A party intending to offer a record into evidence under this paragraph shall provide written notice of such intention to all adverse parties and shall make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge such record and declaration; or

12. In a civil proceeding, the original or a duplicate of a foreign record of regularly conducted activity that would be admissible under paragraph (6) of Code Section 24-8-803 if accompanied by a written declaration by its custodian or other qualified person certifying that the record:
    1. Was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters;
    2. Was kept in the course of the regularly conducted activity; and
    3. Was made by the regularly conducted activity as a regular practice.

       The declaration shall be signed in a manner that, if falsely made, would subject the maker to criminal penalty under the laws of the country where the declaration is signed. A party intending to offer a record into evidence under this paragraph shall provide written notice of such intention to all adverse parties and shall make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge such record and declaration.

(Code 1981, §24-9-902, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

- Proof of lack of public record by evidence showing that record cannot be found, § 9-11-44.

Records, documents, and papers of public officers generally, T. 50, C. 18.

Evidence that is self authenticating, Fed. R. Evid. 902.

- For article, "An Analysis of Georgia's Proposed Rules of Evidence," see 26 Ga. St. B.J. 173 (1990). For article, "Dancing with the Big Boys: Georgia Adopts (most of) the Federal Rules of Evidence," see 63 Mercer L. Rev. 1 (2011).

ANALYSIS

• Certificate and Seal
• Attestation
• Treatment of Specific Records
• a. In General
• b. Exemplification of City Ordinance
• c. Production of Original

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 38-601 have been included in the opinions for this Code section.

Former statute related only to the certification of state and county records, and did not embrace federal records. 1970 Op. Att'y Gen. No. U70-176 (decided under former Code 1933, § 38-601).

RESEARCH REFERENCES

Am. Jur. 2d.

- 29A Am. Jur. 2d, Evidence, §§ 974 et seq., 1192, 1193, 1272, 1323, 1333 et seq., 1339 et seq. 42 Am. Jur. 2d, Inspection Laws, § 11.

21A Am. Jur. Pleading and Practice Forms, Records and Recording Laws, § 3.

- 32 C.J.S., Evidence, §§ 841 et seq., 886, 896, 897, 900 et seq., 909. 32A C.J.S., Evidence, §§ 1037, 1106.

- Pendency of appeal from judgment as affecting right to enforce it in another state, 5 A.L.R. 1269.

Weight of oral testimony as to law of another state or country, 6 A.L.R. 1344.

Refusal to entertain an action upon a judgment rendered in another state upon a cause of action which it would have been contrary to statute or public policy of the forum to have entertained, 10 A.L.R. 719; 24 A.L.R. 1437.

Full-faith and credit provision as applying to decree of another state admitting a will to probate, 13 A.L.R. 498.

Right of notary who protests paper to change or contradict his certificate, 28 A.L.R. 543.

Determination of question relating to foreign law as one of law or of fact, 34 A.L.R. 1447.

Conclusiveness of decision of sister state on a contested hearing as to its own jurisdiction, 52 A.L.R. 740.

Foreign judgment based upon, or which fails to give effect to, a judgment previously rendered at the forum, or in a third jurisdiction, 53 A.L.R. 1146.

Construction and effect of foreign statutes or judicial decisions as question for court or for jury, 68 A.L.R. 809.

Conclusiveness as against insured or beneficiary or physician's report made as, or in connection with, proofs of loss or death, 93 A.L.R. 1342.

Judgment or order upholding prior judgment in the same state against direct attack upon ground of lack of jurisdiction, as conclusive in another state under the full faith and credit provision or doctrine of res judicata, 104 A.L.R. 1187.

Full faith and credit provision as affecting insurance contracts, 119 A.L.R. 483; 173 A.L.R. 1138.

Admissibility of hospital chart or other hospital record, 120 A.L.R. 1124.

Admissibility of records of a practicing physician or surgeon as evidence of physical or mental condition of person examined, 135 A.L.R. 1258.

Conflict of laws as to trusts inter vivos, 139 A.L.R. 1129.

Waiver of, or estoppel to assert, failure to plead or prove foreign law (apart from judicial notice), 149 A.L.R. 759.

Decree for alimony in instalments as within full faith and credit provision, 157 A.L.R. 170.

Necessity that the transcript of a judgment of another state upon a cognovit under warrant of attorney shall include the cognovit and the note containing the alleged warrant of attorney, 162 A.L.R. 685.

Right to maintain action or proceeding in one state or country to collect or enforce tax due to another state or country or political subdivision thereof, 165 A.L.R. 796.

Conclusiveness of decree assessing stockholders or policyholders of insolvent corporations or mutual insurance companies, as against nonresidents, not personally served within state in which decree was rendered, 175 A.L.R. 1419.

Recognition as to marital status of foreign divorce decree attached on ground of lack of domicile, since Williams decision, 1 A.L.R.2d 1358; 28 A.L.R.2d 1303.

Admissibility of X-ray report made by physician taking or interpreting X-ray pictures, 6 A.L.R.2d 406.

Foreign divorce decree as subject to attack by spouse in state of which neither spouse is resident, 12 A.L.R.2d 382.

Foreign filiation or support order in bastardy proceedings, requiring periodic payments, as extraterritorially enforceable, 16 A.L.R.2d 1098.

Admissibility, in personal injury or death action arising out of airplane accident, of documents and reports pertaining to investigations, 23 A.L.R.2d 1360.

Presumption and prima facie case as to ownership of vehicle causing highway accident, 27 A.L.R.2d 167.

Admissibility of records or report of welfare department or agency relating to payment to or financial condition of particular person, 42 A.L.R.2d 752.

Injunction against suit in another state or country for divorce or separation, 54 A.L.R.2d 1240.

Identification of parties in action on foreign judgment, 60 A.L.R.2d 1024.

Admissibility in civil action of electroencephalogram, electrocardiogram, or other record made by instrument used in medical test, or of report based upon such test, 66 A.L.R.2d 536.

Admissibility of report of police or other public officer or employee, or portions of reports, as to cause of or responsibility for accident, injury to person, or damage to property, 69 A.L.R.2d 1148.

Federal Civil Procedure Rule 44 and Federal Criminal Procedure Rule 27, relating to proof of official records, 70 A.L.R.2d 1227; 41 A.L.R. Fed. 784.

Admissibility in evidence of enlarged photographs or photostatic copies, 72 A.L.R.2d 308.

Choice of law in application of automobile guest statutes, 95 A.L.R.2d 12.

Preliminary proof, verification, or authentication of X-rays requisite to their introduction in evidence in civil cases, 5 A.L.R.3d 303.

Extraterritorial effect of valid award of custody of child of divorced parents, in absence of substantial change in circumstances, 35 A.L.R.3d 520.

Necessity of expert evidence to support action against hospital for injury to or death of patient, 40 A.L.R.3d 515.

Weather reports and records as evidence, 57 A.L.R.3d 713.

Admissibility under business entry statutes of hospital records in criminal case, 69 A.L.R.3d 22.

Admissibility under Uniform Business Records and Evidence Act or similar statute of medical report made by consulting physician to treating physician, 69 A.L.R.3d 104.

Admissibility, under public records exception to hearsay rule, of record kept by public official without express statutory direction or authorization, 80 A.L.R.3d 414.

Admissibility under state law of hospital record relating to intoxication or sobriety of patient, 80 A.L.R.3d 456.

Disbarment or suspension of attorney in one state as affecting right to continue practice in another state, 81 A.L.R.3d 1281.

Choice of law as to application of comparative negligence doctrine, 86 A.L.R.3d 1206.

Admissibility in personal injury action of hospital or other medical bill which includes expenses for treatment of condition unrelated to injury, 89 A.L.R.3d 1012.

Admissibility in evidence of professional directories, 7 A.L.R.4th 638.

Authentication of electronically stored evidence, including text messages and e-mail, 45 A.L.R.4th 602.

Medical malpractice: presumption or inference from failure of hospital or doctor to produce relevant medical records, 69 A.L.R.4th 906.

Proof of foreign official record under Rule 44(a)(2) of Federal Rules of Civil Procedure, 41 A.L.R. Fed. 784.