2021 Georgia Code
Title 24 - Evidence
Chapter 10 - Best Evidence Rule
§ 24-10-1003. Admissibility of Duplicates

A duplicate shall be admissible to the same extent as an original unless:

1. A genuine question is raised as to the authenticity of the original; or
2. A circumstance exists where it would be unfair to admit the duplicate in lieu of the original.

(Code 1981, §24-10-1003, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

- Primary evidentiary value of photostatic copies of records produced from microfilm and print-out copies of computer records, § 50-18-96.

Admissibility of duplicates, Fed. R. Evid. 1003.

- For article, "The Admissibility of Computer-Generated Evidence in Georgia," see 18 Ga. St. B.J. 137 (1982). For annual survey on evidence law, see 66 Mercer L. Rev. 81 (2014).

ANALYSIS

• General Consideration
• Carbon Copies
• Application

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under Ga. L. 1950, p. 73, § 1, are included in the annotations for this Code section.

Photostatic copies made from microfilms are admissible as primary evidence. 1945-47 Op. Att'y Gen. p. 286 (decided under former law).

Microfilms of records would probably be admissible into evidence. 1973 Op. Att'y Gen. No. 73-91 (decided under Ga. L. 1950, p. 73, § 1).

Microfilm copies of scholarship agreements and notes would be admissible in evidence. 1972 Op. Att'y Gen. No. 72-142 (decided under Ga. L. 1950, p. 73, § 1).

Admissibility of Computerized Business Records, 14 POF2d 173.

Foundation for Offering Business Records in Evidence, 34 POF2d 509.

Routine Business Practice, 35 POF2d 589.

Recovery and Reconstruction of Electronic Mail as Evidence, 41 POF3d 1.

Establishing A Foundation to Admit Computer-Generated Evidence as Demonstrative or Substantive Evidence, 57 POF3d 455.

- 29A Am. Jur. 2d, Evidence, §§ 1066 et seq., 1250.

- 23 C.J.S., Criminal Law, § 1131 et seq. 32 C.J.S., Evidence, §§ 924, 939, 940, 949, 954 et seq. 32A C.J.S., Evidence, §§ 1049, 1050, 1089 et seq., 1093 et seq., 1100 et seq.

- Uniform Photographic Copies of Business and Public Records as Evidence Act (U.L.A.) § 1.

- Release or assignment of interest by witness as removing disqualification to testify in action by or against estate of decedent, 28 A.L.R. 6.

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

Admissibility of secondary evidence of incriminating document in possession of defendant, 67 A.L.R. 77.

Presumption or circumstantial evidence to establish missing link in chain of title, 67 A.L.R. 1333.

Use as evidence against officers, employees, or stockholders of corporation of illegally seized documents or other articles belonging to corporation, 78 A.L.R. 343.

Use of photograph, plan, map, cast, model, etc., as evidence as affected by marking or legends thereon, 108 A.L.R. 1415.

Photographic representation of writing as primary or secondary evidence, 142 A.L.R. 1270; 76 A.L.R.2d 1356.

Degree or quantum of evidence necessary to establish a lost instrument and its contents, 148 A.L.R. 400.

Verification and authentication of slips, tickets, bills, invoices, etc., made in regular course of business, under the Uniform Business Records as Evidence Act, or under similar "Model Acts,", 21 A.L.R.2d 773.

Form, particularity, and manner of designation required in subpoena duces tecum for production of corporate books, records, and documents, 23 A.L.R.2d 862.

Sufficiency of certificate of acknowledgment, 25 A.L.R.2d 1124.

Admissibility of opinion of medical expert as affected by his having heard the person in question give the history of his case, 51 A.L.R.2d 1051.

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

Necessity, in order to enter judgment by confession on instrument containing warrant of attorney, that original note or other instrument and original warrant be produced or filed, 68 A.L.R.2d 1156.

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

Photographic representation or photostat of writing as primary or secondary evidence within best evidence rule, 76 A.L.R.2d 1356.

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

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

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

Applicability of attorney-client privilege to matters relating to drafting of nonexistent or unavailable nontestamentary documents, 55 A.L.R.3d 1322.

Admissibility of video tape film in evidence in criminal trial, 60 A.L.R.3d 333; 41 A.L.R.4th 812; 41 A.L.R.4th 877.

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

Admissibility of computerized private business records, 7 A.L.R.4th 8.

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