Rule 24-14-3. Amount of mental conviction required; preponderance of evidence in civil cases

Moral and reasonable certainty is all that can be expected in legal investigation. Except as provided in Code Section 51-1-29.5 or Code Section 51-12-5.1, in all civil proceedings, a preponderance of evidence shall be considered sufficient to produce mental conviction. In criminal proceedings, a greater strength of mental conviction shall be held necessary to justify a verdict of guilty.

History of section. - Former Code Section 24-4-3, which contained comparable provisions to this Code section, as effective January 1, 2013, was derived from the decisions in John v. State, 33 Ga. 257 (1862) and Lucas v. State, 48 Ga. App. 42 , 171 S.E. 850 (1933).

Committee Notes

(Code 1981, § 24-14-3 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.)