GA Code § 24-14-1 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 14 - Proof Generally|Article 1 - General Provisions|§ 24-14-1. On Whom Burden of Proof Lies

 The burden of proof generally lies upon the party who is asserting or affirming a fact and to the existence of whose case or defense the proof of such fact is essential. If a negation or negative affirmation is essential to a party's case or defense, the proof of such negation or negative affirmation shall lie on the party so affirming it.    (Code 1981, §24-14-1, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   Law reviews.   - For article, the right to open and conclude the argument in tort cases, see 22 Ga. B.J. 297 (1960). For article, "Dancing with the Big Boys: Georgia Adopts (most of) the Federal Rules of Evidence," see 63 Mercer L. Rev. 1 (2011). For comment on Moore v. Allen, 80 Ga. App. 784, 57 S.E.2d 511 (1950), see 12 Ga. B.J. 481 (1950). For comment on Parham v. State, 120 Ga. App. 723, 171 S.E.2d 911 (1969) and the rejection of charge that defendant must prove alibi to the satisfaction of the jury, see 21 Mercer L. Rev. 511 (1970).   JUDICIAL DECISIONS   ANALYSIS    General Considerations   Specific Actions   Jury Instructions    RESEARCH REFERENCES   Am. Jur. 2d.   - 29 Am. Jur. 2d, Evidence, §§ 1, 171.   9A Am. Jur. Pleading and Practice Forms, Evidence, § 94.   C.J.S.   - 31A C.J.S., Evidence, § 165 et seq.   ALR.    - Burden of proof as regards discharge in bankruptcy, 2 A.L.R. 1672.    Duty to charge as to reasonable doubt as between different degrees of crime or included offenses, 20 A.L.R. 1258.    Presumption and burden of proof as to loss from failure of pledgee to sell or collect choses in action pledged, 53 A.L.R. 1075.    Effect of fraud in the inception of a bill or note to throw upon the subsequent holder the burden of proving that he is a holder in due course, 57 A.L.R. 1083.    Res ipsa loquitur in its relation to burden of proof and burden of evidence, 59 A.L.R. 486; 92 A.L.R. 653.    Burden of proof as to consideration for bill or note, when plaintiff not protected as a holder in due course, 65 A.L.R. 904; 127 A.L.R. 1003.    Burden and degree of proof as to alibi, 67 A.L.R. 138; 124 A.L.R. 471.    Prima facie case for proponent in will contest as shifting burden of proof, 76 A.L.R. 373.    Governing law as regards presumption and burden of proof, 78 A.L.R. 883; 168 A.L.R. 191.    Pleading want of contributory negligence as waiver of right to presumption of freedom from negligence, 96 A.L.R. 1116.    Presumption and burden of proof of settlement in action by one town or poor district against another for support of pauper, 99 A.L.R. 457.    Burden of proof as to outlawry by limitation or otherwise of criminal prosecution when relied upon to defeat claim of privilege against self-incrimination, 101 A.L.R. 389.    Admissibility of inculpatory statements made in presence of accused and not denied or contradicted by him, 115 A.L.R. 1510.    Necessity and sufficiency of proof, in prosecution for perjury during trial, that oath was administered, 132 A.L.R. 1311.    Presumption and burden of proof regarding mitigation of damages, 134 A.L.R. 242.    Statute which places burden of proof as to contributory negligence on defendant or creates a presumption against contributory negligence as applicable to actions by one person for consequential damages resulting from injury to another, 147 A.L.R. 726.    Distinction between burden of proof and burden of evidence as related to statutory provisions regarding presumption and burden of proof in respect of commercial paper, 152 A.L.R. 1331.    Burden of proof as to doctrine of last clear chance, 159 A.L.R. 724.   Burden of proof in partition suit as regards alleged prior voluntary partition of property, 1 A.L.R.2d 473.   Proof as to exclusion of or discrimination against eligible class or race in respect to jury in criminal case, 1 A.L.R.2d 1291.   Burden of proving value of relief from performing contract in suit based on defendant's breach preventing or excusing full performance, 17 A.L.R.2d 968.   Presumption and burden of proof of accuracy of scientific and mechanical instruments for measuring speed, temperature, time, and the like, 21 A.L.R.2d 1200.   Burden of proof in actions under general declaratory judgment acts, 23 A.L.R.2d 1243.   Reference by counsel for prosecution in opening statement to matters which he does not later attempt to prove as ground for new trial, reversal, or modification, 28 A.L.R.2d 972.   Sufficiency of evidence, in absence of survivors or of eyewitnesses competent to testify, as to place or point of impact of motor vehicles going in opposite directions and involved in collision, 77 A.L.R.2d 580.   Conviction of criminal offense without evidence as denial of due process of law, 80 A.L.R.2d 1362.   Res ipsa loquitur with respect to personal injuries or death on or about ship, 1 A.L.R.3d 642.   Effect of presumption as evidence or upon burden of proof, where controverting evidence is introduced, 5 A.L.R.3d 19.   Zoning as a factor in determination of damages in eminent domain, 9 A.L.R.3d 291.   Modern status of rules as to burden and sufficiency of proof of mental irresponsibility in criminal case, 17 A.L.R.3d 146.   Conflict of laws as to presumptions and burden of proof concerning facts of civil case, 35 A.L.R.3d 289.   Burden of proof of defendant's age, in prosecution where attainment of particular age is statutory requisite of guilt, 49 A.L.R.3d 526.   Necessity and sufficiency of expert evidence to establish existence and extent of physician's duty to inform patient of risks of proposed treatment, 52 A.L.R.3d 1084.   Setting aside arbitration award on ground of interest or bias of arbitrators, 56 A.L.R.3d 697.   Homicide: burden of proof on defense that killing was accidental, 63 A.L.R.3d 936.   Burden of proof as to lack of license in criminal prosecution for carrying or possession of weapon without license, 69 A.L.R.3d 1054.   Answers to interrogatories as limiting answering party's proof at state trial, 86 A.L.R.3d 1089.   Prosecutor's reference in opening statement to matters not provable or which he does not attempt to prove as ground for relief, 16 A.L.R.4th 810.   Burden of proof as to entrapment defense - state cases, 52 A.L.R.4th 775.   Setting aside arbitration award on ground of interest or bias of arbitrators - commercial, business, or real estate transactions, 67 A.L.R.5th 179.