GA Code § 24-14-21 (2021)
2021 Georgia Code|Title 24 - Evidence|Chapter 14 - Proof Generally|Article 2 - Presumptions and Estoppel|§ 24-14-21. Rebuttable Presumptions of Law

 Certain presumptions of law, such as the presumption of innocence, in some cases the presumption of guilt, the presumption of continuance of life for seven years, the presumption of a mental state once proved to exist, and all similar presumptions, may be rebutted by proof.    (Code 1981, §24-14-21, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)   Cross references.   - Presumption of death of missing person, § 53-9-1 et seq.   Law reviews.   - For note, "Commitment and Release of Persons Found Not Guilty by Reason of Insanity: A Georgia Perspective," see 15 Ga. L. Rev. 1065 (1981). For comment regarding denial of due process through statute involving administration of estate of absentee minor, in light of Payne v. Home Sav. Bank, 193 Ga. 406, 18 S.E.2d 770 (1942), see 5 Ga. B.J. 62 (1943). 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. 2d 63 (1973), see 10 Ga. St. B.J. 484 (1974).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Presumptions Regarding Death   Insanity   Marriage   Officers    RESEARCH REFERENCES   Am. Jur. 2d.   - 29 Am. Jur. 2d, Evidence, § 212.   8A Am. Jur. Pleading and Practice Forms, Death, § 168.   ALR.    - Validity of by-law of mutual benefit association preventing recovery upon presumption of death from seven years' absence, 17 A.L.R. 418; 21 A.L.R. 1346; 36 A.L.R. 982; 40 A.L.R. 1274.    Circumstances justifying inference of death of insured before the lapse of seven years from his disappearance, 34 A.L.R. 1389; 61 A.L.R. 1327.    Ownership of automobile as prima facie evidence of responsibility for negligence of person operating it, 42 A.L.R. 898; 74 A.L.R. 951; 96 A.L.R. 634.    Constitutionality of statutes or ordinances making one fact presumptive or prima facie evidence of another, 51 A.L.R. 1139; 86 A.L.R. 179; 162 A.L.R. 495.    Statutory or contractual limitation where presumption of death of the insured from seven years' absence is relied upon, 61 A.L.R. 686; 119 A.L.R. 1308.    Presumption of death from seven years' absence as affected by domestic troubles, 64 A.L.R. 1288.    Conclusiveness of uncontradicted testimony of interested witness where opposed to presumption, 72 A.L.R. 94.    Presumption of death of insured in relation to time of death as affecting failure to pay premiums during seven-year period, 75 A.L.R. 630.    Presumption of innocence as evidence, 94 A.L.R. 1042; 152 A.L.R. 626.    When finding or adjudication as to one's mental condition by official or body not clearly judicial is conclusive evidence or has effect of a judgment as regards legal mental status, 108 A.L.R. 47.    Insanity as affecting presumption against suicide, 112 A.L.R. 1278.    Admissibility of inculpatory statements made in presence of accused and not denied or contradicted by him, 115 A.L.R. 1510.    Direct evidence as to what took place at time of accident as displacing presumption arising from instinct of self-preservation that one was acting with concern for own safety, 116 A.L.R. 340.    Effect of words "value received" or similar words in written instrument, other than negotiable instrument or sealed instrument, to create presumption or make prima facie case of consideration, 116 A.L.R. 545.    Distinction between effect of fact to create presumption of further fact and its effect as prima facie evidence of the further fact in determining burden of proof and weight of evidence, 121 A.L.R. 1078.    Administration of estate of one the fact of whose death rests upon presumption or circumstantial evidence, 140 A.L.R. 1403.    Validity of marriage celebrated while spouse by former marriage of one of the parties was living and undivorced, in reliance upon presumption from lapse of time of death of such spouse, 144 A.L.R. 747.    Presumption against suicide as evidence, 158 A.L.R. 747.    Presumption and burden of proof as regards continuance or revocation of will produced for probate, 165 A.L.R. 1188.   Form and sufficiency of proof of death in case of insured's disappearance, 26 A.L.R.2d 1073.   Judicial notice of intoxicating quality, and the like, of a liquor or particular liquid, from its name, 49 A.L.R.2d 764.   Validity, construction, and effect of statutes or regulations making possession of fish or game, or of specified hunting or fishing equipment, prima facie evidence of violation, 81 A.L.R.2d 1093.   Necessity and sufficiency of showing of search and inquiry by one relying on presumption of death from seven years' absence, 99 A.L.R.2d 307.   Effect of presumption as evidence or upon burden of proof, where controverting evidence is introduced, 5 A.L.R.3d 19.   Modern status of the rules against basing an inference upon an inference or a presumption upon a presumption, 5 A.L.R.3d 100.   Relation back of presumption of continuance of condition of property, 7 A.L.R.3d 1302.   Application of res ipsa loquitur doctrine to accidents incurred by passenger while boarding or alighting from a carrier, 93 A.L.R.3d 776.   Medical malpractice: presumption or inference from failure of hospital or doctor to produce relevant medical records, 69 A.L.R.4th 906.