2021 Georgia Code
Title 24 - Evidence
Chapter 10 - Best Evidence Rule
§ 24-10-1002. Requirement of Original

To prove the contents of a writing, recording, or photograph, the original writing, recording, or photograph shall be required.

(Code 1981, §24-10-1002, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

- Parol contracts, § 13-1-6.

Statute of frauds, § 13-5-30 et seq.

Parol evidence generally, Ch. 3 of this title.

Requirement of the original, Fed. R. Evid. 1002.

- For article, "An Analysis of Georgia's Proposed Rules of Evidence," see 26 Ga. St. B.J. 173 (1990).

ANALYSIS

• General Consideration
• Application
• Acceptable Evidence

RESEARCH REFERENCES

Am. Jur. 2d.

- 29A Am. Jur. 2d, Evidence, § 1062 et. seq.

- 32A C.J.S., Evidence, §§ 1041 et seq., 1050 et seq.

- Parol evidence to prove title to real property when the title is only collaterally involved, 1 A.L.R. 1143.

Admissibility in evidence of audit or testimony of auditor or accountant, 52 A.L.R. 1266.

Parol-evidence rule: evidence of agreements as to manner or medium of payment of bill or note, or as to credit, setoff, or counterclaim with respect to the same, 71 A.L.R. 548.

Admissibility and weight of testimony based on taste, sight, and smell as to unlawful content of liquor, 78 A.L.R. 439.

Admissibility as against the beneficiary of life or accident insurance of statements or declarations by the insured outside of his application, 86 A.L.R. 146.

Mutilations, alterations, and deletions as affecting admissibility in evidence of public record, 28 A.L.R.2d 1443.

Proof, in absence of direct testimony by survivors or eyewitnesses, of who, among occupants of motor vehicle, was driving it at time of accident, 32 A.L.R.2d 988.

Admissibility of testator's declarations upon issue of genuineness or due execution of purported will, 62 A.L.R.2d 855.

Carbon copies of letters or other written instruments as evidence, 65 A.L.R.2d 342.

Admissibility, in homicide prosecution, of deceased's clothing worn at time of killing, 68 A.L.R.2d 903.

Admissibility in evidence of receipt of third person, 80 A.L.R.2d 915.

Proof, in absence of direct testimony, of identity of motor vehicle involved in accident, 81 A.L.R.2d 861.

Admissibility in evidence of sample or samples of article or substance of which the quality, condition, or the like is involved in litigation, 95 A.L.R.2d 681.

Effectiveness of stipulation of parties or attorneys, notwithstanding its violating form requirements, 7 A.L.R.3d 1394.

Applicability of parol-evidence rule in favor of or against one not a party to contract of release, 13 A.L.R.3d 313.

Workmen's compensation: use of medical books or treatises as independent evidence, 17 A.L.R.3d 993.

Admissibility of newspaper article as evidence of the truth of the facts stated therein, 55 A.L.R.3d 663.

Admissibility of nonexpert opinion testimony as to weather conditions, 56 A.L.R.3d 575.

Admissibility in evidence of sound recording as affected by hearsay and best evidence rules, 58 A.L.R.3d 598.

Proof of public records kept or stored on electronic computing equipment, 71 A.L.R.3d 232.

Requirement of notice as condition for admission in evidence of summary of voluminous records, 80 A.L.R.3d 405.

Sufficiency of evidence that will was not accessible to testator for destruction, in proceeding to establish lost will, 86 A.L.R.3d 980.

Admissibility of photographs of stolen property, 94 A.L.R.3d 357.

Admissibility of visual recording of event or matter other than that giving rise to litigation on prosecution, 41 A.L.R.4th 877.

Application of best evidence rule to electronic evidence, including text messages and e-mail, 12 A.L.R.7th 1.