2020 Georgia Code
Title 24 - Evidence
Chapter 9 - Authentication and Identification
Article 2 - Specific Types of Records and Evidence
§ 24-9-920. Authentication of Georgia State and County Records

The certificate or attestation of any public officer either of this state or any county thereof or any clerk or keeper of county, consolidated government, or municipal records in this state shall give sufficient validity or authenticity to any copy or transcript of any record, document, paper or file, or other matter or thing in such public officer's respective office, or pertaining thereto, to admit the same in evidence.

(Code 1981, §24-9-920, 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.

- 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

• General Consideration
• Public Officers
• Certificate and Seal
• Attestation
• Treatment of Specific Records
• Not Applicable to Federal Records
• Court Records

General Consideration

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Laws 1830, Cobb's 1851 Digest, p. 273, Ga. L. 1855-56, p. 143, § 1, former Code 1863, § 3739, former Code 1868, § 3763, former Code 1873, § 3816, former Code 1882, § 3816, former Civil Code 1895, § 5211, former Penal Code 1895, § 1015, former Civil Code 1910, § 5798, former Penal Code 1910, § 1041, former Code 1933, § 38-601, and former O.C.G.A. § 24-7-20 are included in the annotations for this Code section. The reader is also advised to consult the annotations under O.C.G.A. §§ 24-9-901 and24-9-902, for annotations discussing authentication requirements in general.

Cited in Williams v. Durden, 347 Ga. App. 363, 819 S.E.2d 524 (2018).

Public Officers

Commission not required.

- "Public officer," whose certification authenticated copies of records, was not expressly required to be commissioned by the Governor. Cowan v. State, 130 Ga. App. 320, 203 S.E.2d 311 (1973) (decided under former Code 1933, § 38-601); Waddill v. Waddill, 143 Ga. App. 806, 240 S.E.2d 129 (1977);(decided under former Code 1933, § 38-601).

- Certificate need not be by a public officer personally, rather than by a deputy officer who certified that the deputy was the custodian of the records. Musgrove v. State, 230 Ga. 46, 195 S.E.2d 407 (1973) (decided under former Code 1933, § 38-601); Cowan v. State, 130 Ga. App. 320, 203 S.E.2d 311 (1973); Waddill v. Waddill, 143 Ga. App. 806, 240 S.E.2d 129 (1977) (decided under former Code 1933, § 38-601); Blackmon v. State, 153 Ga. App. 359, 265 S.E.2d 320 (1980);(decided under former Code 1933, § 38-601);(decided prior to 1980 amendment to former Code 1933, § 68B-215 (see § 40-5-2) and under Code 1933, § 38-601).

Court reporters were not authorized to certify. Hardeman v. English, 79 Ga. 387, 5 S.E. 70 (1888) (decided under former Code 1882, § 3816).

- Any witness who read the records in the clerk's office could testify as to what was found or not found but only the certificate of the clerk was sufficient to authenticate any record existing in the clerk's office. Hines v. Johnston, 95 Ga. 644, 23 S.E. 970 (1895) (decided under former Code 1882, § 3816).

Federal officers and employees were not authorized to certify. O'Connor v. United States, 11 Ga. App. 246, 75 S.E. 110 (1912) (decided under former Penal Code 1910, § 1041); Edmonds v. State, 201 Ga. 108, 39 S.E.2d 24 (1946); Pressley v. State, 207 Ga. 274, 61 S.E.2d 113 (1950) (decided under former Code 1933, § 38-601); Mach v. State, 109 Ga. App. 154, 135 S.E.2d 467 (1964); Cowan v. State, 130 Ga. App. 320, 203 S.E.2d 311 (1973) (decided under former Code 1933, § 38-601);(decided under former Code 1933, § 38-601);(decided under former Code 1933, § 38-601).

- Appellate court reversed the trial court's denial of the defendant's motion for a new trial with respect to the two misdemeanor traffic violations because the prejudice from trial counsel's failure to object was clear since the officer's hearsay testimony was the only evidence offered to prove the elements of the traffic offenses and had the evidence been excluded, there would not have been sufficient evidence to convict on those offenses. Taylor v. State, 337 Ga. App. 486, 788 S.E.2d 97 (2016).

Certificate and Seal

Form of certificate.

- Certificate in the following form: "The above and foregoing is a true copy," etc., was a sufficient authentication of a record. Harden v. Webster, Parmelee & Co., 29 Ga. 427 (1859) (decided under Ga. L. 1855-56, p. 143, § 1).

- To make a certificate from the Executive Department admissible in evidence, it was not necessary that the certificate give a copy of that to which it relates. It was sufficient that it gave, substantially, the contents, or a part of the contents, of the thing to which it related. Henderson v. Hackney, 16 Ga. 521 (1854) (decided under Laws 1830, Cobb's 1851 Digest, p. 273).

- In action for alimony when plaintiff introduced a certified copy of marriage certificate, no issue as to validity of marriage was made in the absence of a direct attack on the record by the defendant. Guess v. Guess, 202 Ga. 364, 43 S.E.2d 326 (1947) (decided under former Code 1933, § 38-601).

Nothing in former O.C.G.A. § 24-7-20 (see now O.C.G.A. § 24-9-902) required that certified copies be photostatic copies of original documents. Cook v. State, 255 Ga. 565, 340 S.E.2d 843, cert. denied, 479 U.S. 871, 107 S. Ct. 241, 93 L. Ed. 2d 166 (1986) (decided under former O.C.G.A. § 24-7-20).

- Establishment of three elements was commonly spoken of as authentication: the authority of the officer issuing the document, the incumbency of the officer, and the genuineness of the officer's signature or seal. Edmonds v. State, 201 Ga. 108, 39 S.E.2d 24 (1946) (decided under former Code 1933, § 38-627).

- When a municipality had no seal, it was not error to admit in evidence an original ordinance if it was admitted to be such. Greenberg v. Rothberg, 72 Ga. App. 882, 35 S.E.2d 485 (1945) (decided under former Code 1933, § 38-606).

Attestation

Contents of record.

- Former statute merely required a certificate or attestation, without specifying any detail as to the location and length of the record, by reference to the number of pages, minute book, case number, and similar details. McIntyre v. Balkcom, 229 Ga. 81, 189 S.E.2d 445 (1972) (decided under former Code 1933, § 38-601).

Treatment of Specific Records

Acknowledgment of service.

- There was no error in admitting in evidence the certified copy of an acknowledgment of service. James v. Edward Thompson Co., 17 Ga. App. 578, 87 S.E. 842 (1916) (decided under former Civil Code 1910, § 5798).

- Properly authenticated administrative records are admissible. Niehaus v. State, 149 Ga. App. 575, 254 S.E.2d 895 (1979) (decided under former Code 1933, § 38-601).

- Conditional sales contract duly recorded and on its face properly executed and attested was admissible in evidence. Central Bank & Trust Co. v. Creede, 103 Ga. App. 203, 118 S.E.2d 844 (1961) (decided under former Code 1933, § 38-601).

- It was the duty of the clerk of the superior court to sign a validation certificate and attach the seal of the clerk's office to all county bonds regularly validated. Touchton v. Echols County, 211 Ga. 85, 84 S.E.2d 81 (1954) (decided under former Code 1933, § 38-601).

- When a division in kind was made between heirs and distributees of a decedent, a certified copy of the return of the commissioners, and of the order of the court approving the return, were admissible in evidence in an action involving title to the land covered by the award. Bell v. Cone, 208 Ga. 467, 67 S.E.2d 558 (1951) (decided under former Code 1933, § 38-601).

- Because a defendant's driver's license was a properly certified public record, the trial court was permitted to infer the reliability of any hearsay contained therein and to conclude that no confrontation clause violation had been shown pursuant to former O.C.G.A. §§ 24-3-17 and24-7-20 (see now O.C.G.A. §§ 24-9-902 and24-9-924). Douglas v. State, 312 Ga. App. 585, 718 S.E.2d 908 (2011), cert. denied, No. S12C0470, 2012 Ga. LEXIS 606 (Ga. 2012) (decided under former O.C.G.A. § 24-7-20).

- A certified copy of an analysis of fertilizers to be used in an action for false or incorrect branding should not contain a statement as to the penalty or damage for which the manufacturer or dealer might be deemed to be liable; only the mathematical result of the chemical analysis should be stated. Georgia Fertilizer Co. v. Walker, 45 Ga. App. 68, 163 S.E. 277 (1932) (decided under former Civil Code 1910, § 5798).

- Properly certified copy of a map of a county, in the office of the Secretary of State, was admissible in evidence without proof of the correctness or existence of the original. Berry v. Clark, 117 Ga. 964, 44 S.E. 824 (1903) (decided under former Civil Code 1895, § 5211).

- Public record of a ceremonial marriage was conclusive evidence of such marriage, in the absence of a timely direct attack on such record, which attack must be supported by proper proof. Guess v. Guess, 202 Ga. 364, 43 S.E.2d 326 (1947) (decided under former Code 1933, § 38-601).

- Defendant's conviction for driving under the influence to the extent that defendant's blood-alcohol content exceeded the legal limit was reversed as the trial court erroneously admitted a copy of the Intoxilyzer report over a best evidence objection; the state was unable to explain the absence of the original, the state presented no evidence that the state made any effort to locate the original, and former O.C.G.A. § 24-7-20 (see now O.C.G.A. § 24-9-902) did not apply. Lumley v. State, 280 Ga. App. 82, 633 S.E.2d 413 (2006) (decided under former O.C.G.A. § 24-7-20).

- Although the appellate court found that book-in photographs which the state offered to prove that defendant was the same person who was convicted of a prior felony, albeit under a different name, could have been admitted under former O.C.G.A. § 24-7-20 (see now O.C.G.A. § 24-9-902), and the appellate court recommended that practice, the appellate court held that the trial court did not abuse the court's discretion during the sentencing phase of defendant's trial when the court admitted the photographs and used them to determine that defendant was subject to a sentence of life in prison without parole, pursuant to O.C.G.A. § 17-10-7(c), because defendant had prior felony convictions. Farmer v. State, 268 Ga. App. 831, 603 S.E.2d 16 (2004) (decided under former O.C.G.A. § 24-7-20).

- Rule that a public record could be proved only by a duly certified copy thereof, in the absence of admission in open court that the document was an original public record, did not apply to search warrants. DePalma v. State, 228 Ga. 272, 185 S.E.2d 53 (1971) (decided under former Code 1933, § 38-601).

- A certified copy of a record in the office of the Secretary of State was held admissible on the question as to who was the grantee of land from the state. Ferrell v. Hurst, 68 Ga. 132 (1881) (decided under former Code 1873, § 3816).

- Former homeowner was required to give notice to a defendant under O.C.G.A. § 10-1-399 even though the defendant was incorporated and had its principal place of business in a different state. There was no evidence that the defendant did not maintain a place of business in Georgia or keep some assets in Georgia, and the homeowner's contention was predicated on uncertified computer printouts from the Secretary of State's website, which were inadmissible under former O.C.G.A. § 24-7-20 (see now O.C.G.A. § 24-9-907). Steed v. Fed. Nat'l Mortg. Corp., 301 Ga. App. 801, 689 S.E.2d 843 (2009) (decided under former O.C.G.A. § 24-7-20).

- Upon the trial of a tax collector for embezzlement, transcripts from the books of the Comptroller General and former Treasurer of the State, certified under the former statute, were admissible in evidence to show a failure on the part of such defendant to pay over the taxes collected by the defendant tax collector. Shivers v. State, 53 Ga. 149 (1874) (decided under former Code 1873, § 3816).

- It was not error to allow material portions of certified copies of tax returns of the defendant in ejectment, as to the number of acres of land given in by the defendant and the value thereof for certain years, to be received in evidence over the objection that the copies were certified to by the tax receiver, and not by the tax collector; that the original returns themselves, and not certified copies of the returns, should be produced in evidence. Jett v. Hart, 152 Ga. 266, 109 S.E. 654 (1921) (decided under former Civil Code 1910, § 5798).

- Books of tax returns in the office of the Comptroller General were of equal rank as evidence with those in the proper offices of the respective counties, and the certificate of the Comptroller General touching the contents of such books was no less admissible than the certificates of the proper county officer were. Clark v. Empire Lumber Co., 87 Ga. 742, 13 S.E. 826 (1891) (decided under former Code 1882, § 3816).

- After an execution for unpaid taxes was issued by the Comptroller General against a certain tract of unreturned wild land, and a sale of the land was made thereunder, and the execution was returned to the Comptroller's office with the official entries thereon, it became an office paper, and a certified copy of such execution and entries was admissible in evidence in lieu of the original. Cannon v. Gorham, 136 Ga. 167, 71 S.E. 142, 1912C Ann. Cas. 39 (1911) (decided under former Civil Code 1910, § 5798).

- Uncertified copies of computer printouts apparently obtained from the Secretary of State's website could not be used as evidence to show a relationship between corporations because the printouts did not contain a certificate or attestation of a public officer and thus were not properly authenticated. Matson v. Noble Inv. Group, LLC, 288 Ga. App. 650, 655 S.E.2d 275 (2007) (decided under former O.C.G.A. § 24-7-20).

- Trial court erred in considering name search documents from the Ohio Secretary of State's office because the documents were not properly authenticated under former O.C.G.A. § 24-7-20 (see now O.C.G.A. § 24-9-902). Uncertified copies of computer printouts from a Secretary of State's website were not admissible as evidence unless authenticated. Std. Bldg. Co. v. Wallen Concept Glazing, Inc., 298 Ga. App. 443, 680 S.E.2d 527 (2009) (decided under former O.C.G.A. § 24-7-20).

- Exemplifications of "records and minutes" of municipal corporations did not include talley sheets of former municipal elections. Sewell v. City of Tallapoosa, 145 Ga. 19, 88 S.E. 577 (1916) (decided under former Civil Code 1910, § 5803).

Elements of authentication, the authority, the incumbency, and the genuineness of the signature of the certifying custodian, were applicable to records of the federal, not the state, government. O'Connor v. United States, 11 Ga. App. 246, 75 S.E. 110 (1912) (decided under former Civil Code 1910, § 5798); Edmonds v. State, 201 Ga. 108, 39 S.E.2d 24 (1946); Pressley v. State, 207 Ga. 274, 61 S.E.2d 113 (1950) (decided under former Code 1933, § 38-601); Mach v. State, 109 Ga. App. 154, 135 S.E.2d 467 (1964); Cowan v. State, 130 Ga. App. 320, 203 S.E.2d 311 (1973) (decided under former Code 1933, § 38-601);(decided under former Code 1933, § 38-601);(decided under former Code 1933, § 38-601).

Court Records

In general.

- Clerk of court may certify a copy or transcript of the court record, but the clerk's certificate of the nonexistence on the records of certain facts was not admissible. Miller v. Reinhart, 18 Ga. 239 (1855) (decided under Laws 1830, Cobb's 1851 Digest, p. 273); Dillon v. Mattox, 21 Ga. 113 (1857); Martin v. Anderson, 21 Ga. 301 (1857) (decided under Ga. L. 1855-56, p. 143, § 1); Walker v. Logan, 75 Ga. 759 (1885); Lamar v. Pearre, 90 Ga. 377, 17 S.E. 92 (1892) (decided under Ga. L. 1855-56, p. 143, § 1); Hines v. Johnston, 95 Ga. 644, 23 S.E. 470 (1895); Greer v. Fergerson, 104 Ga. 552, 30 S.E. 943 (1898) (decided under former Code 1882, § 3816); Thompson v. Cheatham, 244 Ga. 120, 259 S.E.2d 62 (1979);(decided under former Code 1882, § 3816);(decided under former Civil Code 1895, § 5211);(decided under former Civil Code 1895, § 5211);but see for contra implication,(decided under former Code 1933, § 38-601).

- The only legal way to prove proceedings of the superior court was by an extract from the minutes of that court duly certified by the court's clerk. Bowden v. Taylor, 81 Ga. 199, 6 S.E. 277 (1888) (decided under former Code 1882, § 3816); Weaver v. Tuten, 138 Ga. 101, 74 S.E. 835 (1912);(decided under former Civil Code 1910, § 5798).

- Exemplification of the record of an illegality case, under the hand and seal of the clerk, exhibiting among other things, the assignment by the plaintiff of the writ of fi. fa., was admissible in evidence to prove the transfer. Napier v. Neal, 3 Ga. 298 (1847) (decided under Laws 1830, Cobb's 1851 Digest, p. 273).

- Trial court properly used a prior guilty plea to sentence the defendant as a recidivist when the state had presented a certified copy of the plea that was signed and initialed by defense counsel along with a plea hearing transcript; even if the plea hearing transcript was uncertified and unauthenticated, the certified copy of the plea was admissible under former O.C.G.A. § 24-7-20 (see now O.C.G.A. § 24-9-902), and the defendant did not produce evidence of invalidity once the fact of conviction was proved and the state showed that the defendant was represented by counsel. Moorer v. State, 286 Ga. App. 395, 649 S.E.2d 537 (2007), cert. denied, No. S07C1910, 2007 Ga. LEXIS 806 (Ga. 2007) (decided under former O.C.G.A. § 24-7-20).

- Original papers of proceedings in the court were admissible in another case in the same court where otherwise relevant. Sellers v. Page, 127 Ga. 633, 56 S.E. 1011 (1907) (decided under former Civil Code 1895, § 5211); Woods v. Travelers Ins. Co., 53 Ga. App. 429, 186 S.E. 467 (1936); Clarkum v. State, 55 Ga. App. 44, 189 S.E. 397 (1936) (decided under former Code 1933, § 38-601); Williford v. State, 55 Ga. App. 40, 192 S.E. 93 (1937); Brantley v. State, 121 Ga. App. 79, 172 S.E.2d 852 (1970) (decided under former Code 1933, § 38-601); Thompson v. Cheatham, 244 Ga. 120, 259 S.E.2d 62 (1979);(decided under former Code 1933, § 38-601);(decided under former Code 1933, § 38-601);(decided under former Code 1933, § 38-601).

- Former statute made provision for exemplification by certificate of any public officer of authenticity of any copy or transcript of any record, but had no relation to the court record in another case or cases pending in the same court in which the records were offered in evidence. Brantley v. State, 121 Ga. App. 79, 172 S.E.2d 852 (1970) (decided under former Code 1933, § 38-601).

- Certification by the clerk of court must speak the truth, and the clerk must not be required by a mandamus, or otherwise, to certify an instrument that did not conform to the records in the clerk's office. Touchton v. Echols County, 211 Ga. 85, 84 S.E.2d 81 (1954) (decided under former Code 1933, § 38-601).

- Introduction of a certified copy of a judgment against a party was sufficient evidence to prove the existence of that judgment. Gowdey v. Rem Assocs., 176 Ga. App. 83, 335 S.E.2d 309 (1985) (decided under former O.C.G.A. § 24-7-20).

Trial court did not abuse the court's discretion when the court excluded a document purported to be the codefendant's felony conviction, as the document was not a properly certified copy and was unauthenticated. McClendon v. State, 276 Ga. App. 543, 623 S.E.2d 738 (2005) (decided under former O.C.G.A. § 24-7-20).

- Certification and seal on record of conviction furnished by an officer of the Department of Offender Rehabilitation (now Corrections) who was required by law to keep the records on file was sufficient to qualify the record for admission into evidence to establish the fact of lawfulness of incarceration even though the certification was not by the Superior Court of Whitfield County, the source of the original document. Ward v. State, 165 Ga. App. 163, 300 S.E.2d 528 (1983) (decided under former O.C.G.A. § 24-7-20).

- Former O.C.G.A. § 24-7-20 (see now O.C.G.A. § 24-9-902) did not address hearsay concerns; the former statute did not require the admission of hearsay merely because the hearsay had been recorded in a court of record. McGaha v. State, 221 Ga. App. 440, 471 S.E.2d 533 (1996) (decided under former O.C.G.A. § 24-7-20).

Clerical error in a certified copy of the sentence of one convicted of a crime did not render the paper inadmissible in evidence if it clearly appeared from the context what the true purport of the document was. Daniel v. State, 114 Ga. 533, 40 S.E. 805 (1902) (decided under former Penal Code 1895, § 1015).

- It was too late to object to a record for want of proper authentication after the record had been admitted and read to the jury without objection. Williams v. Rawlins, 33 Ga. 117 (1861) (decided under Ga. L. 1855-56, p. 143, § 1).

- In a suit for damages sustained in an automobile collision, alleging that the defendant negligently failed to yield the right-of-way at a stop sign, the trial court did not err by admitting evidence of a traffic citation issued against the defendant in conjunction with the accident. The citation noted entry of a guilty plea, but also indicated the defendant was found guilty by the municipal court. Though ambiguous and subject to conflicting interpretations, the citation was relevant if interpreted by the jury as a plea of guilty. Hunter v. Hardnett, 199 Ga. App. 443, 405 S.E.2d 286, cert. denied, 199 Ga. App. 906, 405 S.E.2d 286 (1991) (decided under former O.C.G.A. § 24-7-20).

- When a plea of guilty, in a prior criminal proceeding arising from the same occurrence, was admitted in evidence in the subsequent civil case for its impeaching value, the plea was not admitted as a court paper, and the former statute did not apply. Webb v. May, 91 Ga. App. 437, 85 S.E.2d 641 (1955) (decided under former Code 1933, § 38-601).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 38-601 and former O.C.G.A. § 24-7-20 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, §§ 1303, 1320, 1321.

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

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

- 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 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.

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

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.

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