Functions of Court and Jury

1. Law
2. Georgia Code
3. Evidence
4. Best Evidence Rule
5. 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:

1. Whether the asserted writing, recording, or photograph ever existed;
2. Whether another writing, recording, or photograph produced at the trial is the original; or
3. 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.

CHAPTER 11 ESTABLISHMENT OF LOST RECORDS Article 1 Public Records.

• 24-11-1. Definitions.
• 24-11-2. Establishment of lost records.
• 24-11-3. Appointment of auditor; hearing; establishment of duplicates.

Article 2 Private Papers.

• 24-11-20. Establishment of lost office papers.
• 24-11-21. Summary establishment of lost or destroyed evidence of indebtedness in probate court - Petition; service of notice; hearing and decision; recordation; appeal to superior court.
• 24-11-22. Summary establishment of lost or destroyed evidence of indebtedness in probate court - Service of nonresidents; effect.
• 24-11-23. Establishment of lost or destroyed paper in superior court - Petition and affidavit; issuance and service of rule nisi.
• 24-11-24. Establishment of lost or destroyed paper in superior court - When continuance granted.
• 24-11-25. Establishment of lost or destroyed paper.
• 24-11-26. Establishment of lost or destroyed paper - Furnishing of certified endorsement of copy.
• 24-11-27. Procedure as to action on lost or destroyed note, bill, bond, or other instrument.
• 24-11-28. Joinder of additional party defendants in proceedings to establish lost or destroyed papers.
• 24-11-29. Applicability of article.

Law reviews.

- For article, "An Analysis of Georgia's Proposed Rules of Evidence," see 26 Ga. St. B.J. 173 (1990). For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011).

ARTICLE 1 PUBLIC RECORDS

Law reviews.

- For article on the 2011 enactment of this article, see 28 Ga. St. U.L. Rev. 1 (2011).

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