2022 Georgia Code
Title 24 - Evidence
Chapter 14 - Proof Generally
Article 3 - Particular Matters of Proof
§ 24-14-40. Evidence of Identity; Burden in Civil Proceedings

Universal Citation: GA Code § 24-14-40 (2022)
  1. Concordance of name alone is some evidence of identity. Residence, vocation, ownership of property, and other like facts may be proved. Reasonable certainty shall be all that is be required.
  2. In civil proceedings, parties shall generally be relieved from the onus of proving identity, as it is a fact generally more easily disproved than established.

History. Code 1981, § 24-14-40 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.

History of Code section.

Former Code Section 24-4-40, which contained comparable provisions to this Code section, as effective January 1, 2013, was derived from the decision in Mullery v. Hamilton, 71 Ga. 720 (1884).

Cross references.

DNA sampling, collection, and analysis, § 35-3-160 .

Law reviews.

For article, “DNA Fingerprinting: A Scientific Perspective,” see 42 Mercer L. Rev. 1099 (1991).

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