2022 Georgia Code
Title 24 - Evidence
Chapter 14 - Proof Generally
Article 2 - Presumptions and Estoppel
§ 24-14-22. Presumption From Failure to Produce Evidence

If a party has evidence in such party’s power and within such party’s reach by which he or she may repel a claim or charge against him or her but omits to produce it or if such party has more certain and satisfactory evidence in his or her power but relies on that which is of a weaker and inferior nature, a presumption arises that the charge or claim against such party is well founded; but this presumption may be rebutted.

History. Code 1981, § 24-14-22 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.

History of Code section.

Former Code Section 24-4-422, which contained comparable provisions to this Code section, as effective January 1, 2013, was derived from the decisions in Mitchell v. State, 71 Ga. 128 (1883); First Nat’l Bank v. Atlanta Rubber Co., 77 Ga. 781 (1886); Savannah, Florida & Western Ry. v. Gray, 77 Ga. 440 , 3 S.E. 158 (1887); and Stevenson v. State, 83 Ga. 575 , 10 S.E. 234 (1889).

Law reviews.

For comment on Hornsby v. Allen, 326 F.2d 605 (5th Cir. 1964), see 1 Ga. St. B. J. 550 (1965).

For comment discussing the right to present evidence for the purposes of rebutting presumption, in light of Vlandis v. Kline, 412 U.S. 441, 93 S. Ct. 2230 , 37 L. Ed. 2 d 63 (1973), see 10 Ga. St. B.J. 484 (1974).

For article, “Spoliation of Evidence,” see 8 Ga. St. B.J. 12 (2003).

For note, “Spoliating the Adverse Inference Instruction: The Impact of the 2015 Amendment to Federal Rule of Civil Procedure 37(E),” see 51 Ga. L. Rev. 917 (2017).

For note, “Georgia’s Approach to Proportionality and Sanctions for the Spoliation of Electronically Stored Information,” see 37 Ga. St. U.L. Rev. 603 (2021).