2021 Georgia Code
Title 24 - Evidence
Chapter 10 - Best Evidence Rule
§ 24-10-1008. Functions of Court and Jury
When the admissibility of other evidence of the contents of writings, recordings, or photographs under the rules of evidence depends upon the fulfillment of a condition of fact, the question of whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Code Section 24-1-104; provided, however, that when an issue is raised as to:
- Whether the asserted writing, recording, or photograph ever existed;
- Whether another writing, recording, or photograph produced at the trial is the original; or
- Whether other evidence of the contents correctly reflects the contents,
the issue is for the trier of fact to determine as in the case of other issues of fact.
(Code 1981, §24-10-1008, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)
Cross references.- Provision that purchaser of instrument takes with notice of claim or defense if instrument bears visible evidence of forgery or alteration, § 11-3-304.
Functions of the court and jury, Fed. R. Evid. 1008.
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Civil Code 1895, § 5242, former Civil Code 1910, § 5831, and former Code 1933, § 38-704, are included in the annotations for this Code section.
Materiality of an alteration is a question of law for the court. Winkles v. Guenther & Co., 98 Ga. 472, 25 S.E. 527 (1896).
Explanation is question for jury.
- When the genuineness of the instrument is denied under oath, the time when, and the intention with which, a change was made in the instrument, are questions for a jury. Reinhart v. Miller, 22 Ga. 402, 68 Am. Dec. 506 (1857) (decided under former law); Winkles v. Guenther & Co., 98 Ga. 472, 25 S.E. 527 (1896);.
RESEARCH REFERENCES
ALR.
- Admissibility of books of account as affected by mutilation, erasures, or alterations, 142 A.L.R. 1406.
Mutilations, alterations, and deletions as affecting admissibility in evidence of public record, 28 A.L.R.2d 1443.
Presumptions and burden of proof as to time of alteration of deed, 30 A.L.R.3d 571.
