Judicial Notice of Ordinance or Resolution

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  2. Georgia Code
  3. Evidence
  4. Judicial Notice
  5. Legislative Facts; Ordinances or Resolutions
  6. Judicial Notice of Ordinance or Resolution

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When certified by a public officer, clerk, or keeper of county or municipal records in this state in a manner as specified for county records in Code Section 24-9-920 or in a manner as specified for municipal records in paragraph (1) or (2) of Code Section 24-9-902 and in the absence of contrary evidence, judicial notice may be taken of a certified copy of any ordinance or resolution included within a general codification required by paragraph (1) of subsection (b) of Code Section 36-80-19 as representing an ordinance or resolution duly approved by the governing authority and currently in force as presented. Any such certified copy shall be self-authenticating and shall be admissible as prima-facie proof of any such ordinance or resolution before any court or administrative body.

(Code 1981, §24-2-221, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

Law reviews.

- For article, "Local Government Law," see 53 Mercer L. Rev. 389 (2001). For article on the 2011 enactment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 38-112, and former O.C.G.A. § 24-1-4 are included in the annotations for this Code section.

Judicial notice was held improper in the following cases.

- See Livingston v. Schneer's Atlanta, Inc., 61 Ga. App. 637, 7 S.E.2d 190 (1940) (municipal ordinance not pled) (decided under former Code 1933, § 38-112); Leger v. Ken Edwards Enters., Inc., 223 Ga. 536, 156 S.E.2d 651 (1967);(city or county ordinances) (decided under former Code 1933, § 38-112).

City ordinance.

- In an appeal from the denial of a subdivision application, the trial court could not take judicial notice of city ordinances; city ordinances have to be alleged and proven. City of St. Marys v. Fulford, 286 Ga. App. 506, 649 S.E.2d 807 (2007) (decided under former O.C.G.A. § 24-1-1).

Cited in Edwards v. City of Warner Robins, 302 Ga. 381, 807 S.E.2d 438 (2017).

CHAPTER 3 PAROL EVIDENCE

Sec.

  • 24-3-1. Parol evidence contradicting writing inadmissible generally.
  • 24-3-2. Proof of unwritten portions of contract admissible where not inconsistent.
  • 24-3-3. Contemporaneous writings explaining each other; parol evidence explaining ambiguities.
  • 24-3-4. Circumstances surrounding execution of contracts.
  • 24-3-5. Known usage.
  • 24-3-6. Rebuttal of equity; discharge of contract; proof of subsequent agreement; change of time or place of performance.
  • 24-3-7. Proof of mistake in deed or written contract.
  • 24-3-8. Original or subsequent voidness of writing.
  • 24-3-9. Explanation or denial of receipts.
  • 24-3-10. Explanation of blank endorsements.
Law reviews.

- For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 enactment of this chapter, see 28 Ga. St. U.L. Rev. 1 (2011).


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