Procedural Considerations

Question 1

Judicial Notice

Answer 1

GA judicially notices the following without introduction of evidence
1) existence and territorial extent of states, their forms of government, and symbols of nationality
2) the laws of nations
3) all laws and resolutions of the general assembly of Georgia
4) the laws of the US and other states
5) general customs of merchants
6) the admiralty and maritime courts of the world
7) the political constitution and the history of Georgia’s government and local divisions
8) all similar matters of legislative fact

Question 2

Presumption from Failure to Produce Evidence

Answer 2

In a CIVIL case, where a party has evidence within their power by which they can rebut a claim against them and fail to produce that evidence, or if they have more satisfying evidence in their power but rely on weaker evidence, a rebuttable presumption arises that the charge or claim against them is WELL FOUNDED

Question 3

Presumption From Failure to Answer Business Letter

Answer 3

in the ordinary course of business, when good faith requires an answer, it is the duty of the party receiving a letter from another to answer within a reasonable time. Otherwise there is a rebuttable presumption that the person admits the proprietary of the acts mentioned in the letter and adopts such acts.

Question 4

Presumption Relating to Payment of Check

Answer 4

where there is a dispute concerning payment by check, a copy of the check produced in accordance with GA law, together with the original bank statement that reflects payment of the check by the bank on which it was drawn, creates a rebuttable presumption that the check has been paid.