I. Introduction
Evidence in civil proceedings in Georgia determines whether a party can prove the factual circumstances on which its claim or defence is based. Identifying the applicable legal rule or merely describing an event to the court is generally not enough. Material facts normally need to be established through appropriate evidence.
Article 102 of the Civil Procedure Code of Georgia establishes one of the fundamental rules of Georgian civil procedure: each party must prove the circumstances on which it bases its claim or defence.
The Code also identifies the principal means of proof and provides that where the law requires a particular fact to be established through a specific form of evidence, another type of evidence cannot simply be substituted.
Accordingly, evidence in civil proceedings in Georgia should not be assessed by volume alone. Its value depends on its connection with the material facts, admissibility, timely submission, legality of acquisition, and ultimate evidentiary weight.
Evidence is one component of the broader litigation strategy. For an overview of court proceedings and representation in civil and commercial disputes, see our Litigation in Georgia practice page.
II. What Is Evidence in Civil Proceedings in Georgia?
In a civil dispute, the court must establish the factual circumstances that are legally relevant to the outcome.
Evidence is the means through which those facts are proved or disproved.
Suppose a claimant alleges that the defendant received a loan and failed to repay it. Before applying the relevant legal rules, the court may need to determine several facts: whether a loan relationship existed, whether the money was actually transferred, when repayment became due, and whether the obligation was performed.
It is therefore important to distinguish between a fact and evidence.
A fact may be the allegation that “the defendant received GEL 20,000 on 15 March 2025.”
Evidence supporting that allegation might include a bank transfer, written acknowledgement, agreement, correspondence, or another legally permitted source of information.
Evidence in civil proceedings in Georgia therefore serves to establish relevant facts rather than merely repeat the legal conclusions advanced by a party.
Georgian academic literature on adversarial procedure also emphasizes that the principal responsibility for presenting facts and supporting evidence rests with the parties. The way in which parties exercise that responsibility may materially affect the outcome of the dispute.
The evidentiary structure of the case should therefore already be considered when filing a lawsuit in Georgia.
III. Who Bears the Burden of Proof?
The rules governing evidence in civil proceedings in Georgia are closely connected with the burden of proof.
The basic principle is that a party must prove the facts from which it seeks to derive a favourable legal consequence.
The claimant must establish the circumstances supporting the claim.
The defendant must establish the circumstances on which the defence is based.
For example, where a claimant seeks payment of a debt arising from a contract, the claimant may need to prove the existence of the contract, performance of its own obligations, and maturity of the defendant’s payment obligation.
If the defendant argues that the debt has already been paid, the burden of establishing that payment will generally fall on the defendant.
The Supreme Court of Georgia addressed the allocation of the burden of proof in case №ას-576-2026, emphasizing that the legal result sought by a claimant depends on proof of the facts to which substantive law attaches that result. In the dispute before it, the Court differentiated between the facts to be proved by the creditor and those to be established by the debtor.
The practical point is straightforward: alleging a fact does not mean that the fact has been proved.
If a party bears the burden of proving a particular circumstance and fails to provide sufficient supporting material, the absence of proof may lead to an unfavourable result.
IV. Does Every Fact Need to Be Proved?
No.
The Civil Procedure Code identifies circumstances that do not require additional proof.
Under Article 106 of the Civil Procedure Code of Georgia, certain facts may be exempt from proof, including facts recognized by the court as generally known and facts already established by a final judgment in another civil case involving the same parties, where the statutory requirements are satisfied.
Admission of a fact by the opposing party may also be significant.
Under Article 131, where one party confirms the existence or non-existence of a fact on which the other party bases its claim or defence, the court may treat the admission as sufficient evidence and rely on it when deciding the case.
For this reason, evidence in civil proceedings in Georgia should not be collected mechanically for every statement made in the pleadings.
The first task is to identify which facts are genuinely disputed and which of those facts require proof.
V. Types of Evidence in Civil Proceedings in Georgia
Article 102 of the Civil Procedure Code identifies the principal means through which facts may be established.
Evidence in civil proceedings in Georgia may include:
- explanations of the parties and third persons;
- witness testimony;
- materials documenting facts;
- written evidence;
- physical evidence; and
- expert opinions.
For example, the existence of a contract may be supported by the contract itself.
Payment may be evidenced by a bank record.
A particular event may be established through witness testimony.
The quality of technical work may require an expert opinion.
The physical condition of an object may be established through physical evidence or an inspection record.
The fact that different forms of evidence are available does not mean that one category is automatically superior to another.
As a general rule, Georgian civil procedure does not assign predetermined evidentiary force to a particular item merely because it belongs to a certain category.
VI. What Does Admissibility of Evidence Mean?
Admissibility determines whether a particular means of proof may legally be used to establish a particular fact.
Article 102(3) of the Civil Procedure Code provides that where the law requires a particular circumstance to be proved by a specified type of evidence, that circumstance cannot be established by another type of evidence.
For example, where legislation gives particular importance to a written form or requires a particular document for a legal relationship, a party may not necessarily be able to replace the missing written evidence solely with witness testimony.
Admissibility should be distinguished from relevance.
Relevance concerns whether the evidence has a meaningful connection to an issue that the court needs to decide.
Under Article 104, the court does not admit or obtain evidence that has no relevance to the case and may remove irrelevant material from the proceedings.
Special restrictions also apply to confidential information disclosed during court mediation.
Another fundamental issue is legality.
Evidence obtained in violation of law has no legal force.
Accordingly, evidence in civil proceedings in Georgia should be assessed from several perspectives at the same time:
Is it relevant? Is it admissible? Was it lawfully obtained? Does it actually help prove a material fact?
These issues should also be reflected in the statement of claim in Georgia, where factual allegations and supporting evidence should be connected clearly from the outset.
VII. When Should Evidence Be Submitted?
The current procedural model requires parties to address evidence at an early stage.
Under Article 103, the parties themselves generally submit evidence in civil proceedings in Georgia.
The court may invite the parties to provide additional evidence, but it does not replace a party in proving that party’s own case.
The preparatory stage is particularly important.
Evidence submitted before completion of the preparatory stage becomes part of the case file and may subsequently be examined by the court.
A stricter regime applies to evidence introduced later.
Article 215 provides that a request to submit or obtain new evidence during the main hearing may be considered where, for example, the party could not have produced the evidence during the preparatory stage, could not objectively have known about it earlier, or had a valid reason for failing to raise the issue in time.
For that reason, evidence in civil proceedings in Georgia should generally be planned while the claim or defence is being prepared.
A useful litigation approach is to identify each material factual allegation and immediately determine which piece of evidence is intended to establish it.
VIII. What If the Party Does Not Possess the Evidence?
A party does not always have direct access to every document or item needed for the case.
Relevant information may be held by a bank, company, public authority, opposing party, or another third person.
In such circumstances, a party may ask the court to obtain the evidence.
Under Article 103, where a party cannot obtain and submit relevant evidence directly, the court may, upon a properly reasoned motion, request the material from the person believed to possess it.
However, simply stating that “I do not have the document, so the court should obtain it” may not be sufficient.
For written evidence, the applicant should explain which material fact the document is expected to establish and why there is a reasonable basis to believe that the identified person possesses it.
A properly prepared motion concerning evidence in civil proceedings in Georgia should therefore demonstrate that the requested material is directly connected to a disputed issue rather than merely potentially interesting.
The general requirements for such procedural applications are discussed in Court Motions in Georgia – Types, Form and Filing Procedure.
IX. How Should a Request for Production of Evidence Be Structured?
A motion requesting the court to obtain evidence should follow a clear sequence.
First, identify the evidence being requested.
Second, explain which fact it is intended to prove.
Third, identify who possesses the document or information and why there is a reasonable basis for believing that it is held there.
Finally, explain why the party cannot obtain it independently.
For example, if the dispute concerns whether money was transferred to a company account and the necessary banking information is not available to the applicant, merely identifying the bank may be insufficient.
The request should define the relevant period, the account or transaction concerned, and the particular factual issue the banking information is intended to establish.
The Code also permits a party seeking written evidence, in certain circumstances, to request homogeneous documents of the same type from the opposing party without identifying each individual document by specific reference details, provided there is a reasonable basis for believing that the material may establish facts relevant to the case.
Another important rule applies where a party refuses without valid reason to produce written evidence requested by the court and does not deny possessing it.
In certain circumstances, the court may shift the relevant burden of proof to that party.
This mechanism can be particularly important where one party has exclusive practical control over material evidence in civil proceedings in Georgia.
X. What Is Preservation of Evidence?
Preservation of evidence is a separate procedural mechanism.
It is used where there is a risk that evidence may become impossible or significantly more difficult to produce later.
Under Article 109, a person who has grounds to believe that necessary evidence may become unavailable or difficult to use in the future may request that the court preserve it in advance.
Importantly, preservation may be requested before the main lawsuit is filed.
For example, it may be necessary to examine a witness whose serious medical condition makes future testimony uncertain, inspect a temporary physical condition, or record information that may later disappear.
Where preservation is requested before commencement of the proceedings, the application is made to the competent court in the territory where the relevant procedural act is to be performed.
The application should identify the evidence, explain its relevance, specify the fact it is intended to establish, and describe the reason for believing that later use may become impossible or difficult.
Preservation of evidence in civil proceedings in Georgia should not be confused with interim measures securing a claim.
Preservation protects the availability of evidence.
Interim measures protect the practical effectiveness of a potential future judgment.
For the latter mechanism, see Securing a Claim in Georgia – Interim Measures, Application, Cancellation and Appeal.
XI. Written Evidence
In practice, a significant part of evidence in civil proceedings in Georgia consists of written documentation.
Under Article 134 of the Civil Procedure Code, written evidence includes acts, documents, business correspondence, and personal correspondence containing information relevant to the dispute.
Typical examples include:
- contracts;
- acceptance certificates;
- bank statements;
- invoices;
- official letters;
- applications;
- business correspondence; and
- other documents containing relevant information.
The Code also establishes an important rule regarding originals.
Written evidence should generally be submitted in its original form.
Where only a copy is produced, the court may request the original.
Whether a copy is given evidentiary weight depends on the court’s assessment, and where the original cannot be produced, the party should adequately explain why.
The mere existence of a photograph, scan, or copy of a document therefore does not automatically mean that it will carry the same evidentiary value as the original.
XII. Electronic Evidence, Email and Digital Communications
Modern litigation increasingly involves electronic documents, email correspondence, online messages, and other digital information.
Article 134 of the Civil Procedure Code expressly recognizes the evidentiary force of an electronic document where the applicable statutory requirements are satisfied and also contains rules concerning documents authenticated by the relevant electronic signature.
In practice, the concept of electronic evidence in civil proceedings in Georgia may extend more broadly to emails, chat histories, digital files, audio recordings, video recordings, and other electronic material.
Such evidence can raise additional questions.
The court may need to consider whether the origin of the material can be established, whether it is complete, whether it has been altered, and whether it can reliably be connected to the person alleged to have created or sent it.
Georgian academic literature has also discussed the procedural status of audio and video recordings and the special issues that technological evidence may create concerning authenticity, admissibility, and privacy.
For example, a screenshot may be relevant, but the existence of a screenshot alone does not necessarily resolve the underlying factual dispute.
Questions may remain as to who authored the communication, whether the conversation is complete, whether the content was modified, and how it relates to the material issue before the court.
XIII. Witness Testimony
Witness testimony is another important form of evidence in civil proceedings in Georgia.
Under Article 140, any person who has information concerning circumstances relevant to the case may potentially be a witness.
Where a party asks the court to summon a witness, merely identifying the person by name is not enough.
The request should identify the relevant details of the witness and explain which material factual circumstance the witness is capable of proving.
For example, several persons may have some connection with the dispute, but only one may have directly observed delivery of goods under the contract.
That person’s testimony would be relevant to the particular disputed fact.
Georgian legislation also establishes restrictions relating to certain persons and categories of information, including circumstances involving professional confidentiality and confidentiality connected with mediation.
XIV. Expert Opinions
Expert evidence is used where resolution of a relevant issue requires specialized knowledge.
Such issues may concern:
- quality of construction work;
- property valuation;
- technical condition of an object;
- financial calculations;
- examination of signatures; or
- another specialized matter.
Under Article 162 of the Civil Procedure Code, the court may appoint an expert on its own initiative where an essential issue cannot be resolved without specialized knowledge.
The parties may also arrange expert examinations independently.
Timely submission remains important.
An expert opinion obtained independently by a party should generally be submitted during commencement or preparation of the case. Later submission during the main hearing is subject to the applicable procedural restrictions.
An expert opinion does not automatically bind the court.
Article 172 provides that the opinion is assessed together with the other evidence in civil proceedings in Georgia.
Where the court does not accept the expert’s conclusions, it must explain the reasons in the relevant judgment or ruling.
XV. How Does the Court Examine Evidence?
The court does not simply confirm that a document has been placed in the case file.
Evidence in civil proceedings in Georgia must be examined in connection with the other material in the case.
Under Article 225, the court may examine disputed evidence upon application of a party or on its own initiative, and the parties are entitled to express their views regarding both the evidence itself and the relevant circumstances reflected in it.
For example, one party may submit a contract while the other disputes the authenticity of a particular provision, signature, or version of the document.
In such a case, the existence of the physical document is only part of the evidentiary inquiry.
The parties’ specific objections and the relationship between the document and the rest of the case material also become important.
XVI. How Does the Court Evaluate Evidence?
Submission of evidence does not mean that the court automatically accepts the information contained in it as established fact.
Article 105 of the Civil Procedure Code establishes that no item of evidence has predetermined force for the court.
The court evaluates the evidence according to its inner conviction based on comprehensive, complete, and objective examination of the material.
The reasoning underlying that evaluation must also be reflected in the judicial decision.
This means that an expert opinion is not automatically decisive merely because it was prepared by a specialist.
Witness testimony is not automatically reliable merely because the witness testified in court.
A written document does not necessarily establish the final factual conclusion if credible evidence points in another direction.
In case №ას-576-2026, the Supreme Court also emphasized that admission and collection of evidence must comply with the requirements of relevance and admissibility, while the ultimate evaluation of the evidence belongs to the court and is governed by the principles established in Article 105.
Accordingly, evidence in civil proceedings in Georgia is evaluated as a body of material rather than through mechanical preference for a particular category of proof.
XVII. Can New Evidence Be Submitted on Appeal?
Yes, but subject to important restrictions.
Under Article 380 of the Civil Procedure Code, new facts and new evidence may be submitted before the Court of Appeals.
However, the appellate court will not accept material that the party could have presented before the first-instance court but failed to submit without a valid reason.
This rule creates an important procedural risk.
A party should not postpone gathering evidence in civil proceedings in Georgia on the assumption that missing material can simply be added later during appellate proceedings.
Where evidence genuinely became available only after the first-instance stage, or its earlier submission was objectively impossible, the party should explain and substantiate those circumstances.
The appellate stage is therefore a limited opportunity for new evidence rather than a second unrestricted evidentiary phase.
For the form, deadline and filing mechanics of the appellate submission, see Appeal in Georgia – Form, Deadline and Filing Procedure.
For the broader system of review of judgments, including appellate and cassation proceedings, see Appealing a Court Decision in Georgia – Procedure and Deadlines.
XVIII. What Happens If a Party Fails to Submit Evidence?
Evidence in civil proceedings in Georgia is directly connected to the outcome of the dispute.
If a party bears the burden of proving a particular fact and fails to provide sufficient evidence, the court may find that fact unproven.
A claim or defence depending on that fact may consequently fail.
Georgian academic literature similarly emphasizes that a party that does not make effective use of its evidentiary opportunities places its own claim or defence at risk.
It is important, however, to distinguish between failure to prove a fact and dismissal of a claim without consideration.
Insufficient evidence generally concerns the merits of the claim.
It does not ordinarily mean that the court refuses to consider the case altogether.
The procedural institution of leaving a claim without consideration is based on separate grounds established by law.
Those grounds and their consequences are explained in Dismissal of a Claim in Georgia – Grounds, Consequences and Refiling.
XIX. Does the Same Evidence Framework Apply in Administrative Litigation?
This article focuses on ordinary civil proceedings.
Administrative litigation is governed primarily by the Administrative Procedure Code, while relevant provisions of the Civil Procedure Code may apply subsidiarily where the administrative legislation does not regulate a particular procedural issue differently.
Evidence may still be central to establishing the legality of an administrative act, notification dates, prior administrative review, direct and immediate harm, or other facts relevant to admissibility and the merits.
However, the nature of the dispute and the special procedural rules applicable to administrative cases should be assessed separately.
For those issues, see Administrative Claim in Georgia – Types, Form, Deadlines and Admissibility.
XX. Common Mistakes When Preparing Evidence
One common mistake is submitting a large volume of documents without explaining which document proves which material fact.
Another is confusing an allegation with evidence.
For example, the statement “the defendant breached the contract” is a party’s position.
Evidence must show what obligation existed, how it was to be performed, and what circumstances establish non-performance or improper performance.
Other common problems include:
- beginning the search for important documents too late;
- submitting an overly general request for production of evidence;
- naming a witness without explaining what the witness can prove;
- submitting electronic material without sufficient context concerning its source or integrity; and
- failing to identify evidentiary gaps before the main hearing.
A more effective approach to evidence in civil proceedings in Georgia is to connect every material fact with an identified source of proof at an early stage.
The party should know which evidence it already possesses, which evidence must be obtained from another person, and which evidence may need preservation because of a risk that it will later become unavailable.
XXI. Why Should Evidence Be Analysed Before Filing a Claim?
Legal disputes are often initially assessed through the question:
“Do we have a legal basis for the claim?”
An equally important question is:
“Can we prove the facts on which that legal basis depends?”
For this reason, before filing a lawsuit, it is useful to prepare an evidentiary map.
Each legally necessary fact should be linked to available evidence in civil proceedings in Georgia.
Any gaps should be identified.
The party should determine which documents can be obtained independently, which will require assistance from the court, and which material may need to be preserved before it disappears or becomes difficult to access.
A legally strong substantive claim may still fail if the facts necessary to establish it cannot be proved.
The existence of a civil right and the ability to prove that right in litigation are closely connected, but they are not the same question.
XXII. Legal Assistance with Evidence in Civil Proceedings in Georgia
TB Legal is a Georgian law firm assisting individuals and companies with civil and commercial disputes, factual and legal assessment of cases, organization of evidence, preparation of procedural strategy, and representation before Georgian courts.
Evidence in civil proceedings in Georgia should be assessed in light of the particular claim, defence, and allocation of the burden of proof.
In many cases, the task is not limited to reviewing documents already available.
It may also be necessary to identify additional evidence, obtain material from banks, companies, public authorities, or other third parties, prepare motions for production of evidence, preserve evidence that may later become unavailable, assess electronic communications, or determine whether expert evidence is necessary.
The evidentiary strategy should ideally be developed before the main proceedings advance to a stage where submission of additional material becomes procedurally restricted.
These issues form part of the broader Litigation in Georgia strategy, particularly where the quality and timing of evidence may determine both the first-instance result and the scope of any subsequent appeal.
If you need an assessment of the evidentiary strength of a civil or commercial dispute, identification of the documents required to prove particular facts, preparation of a motion to obtain or preserve evidence, or representation before the Georgian courts, you can contact TB Legal to discuss the appropriate litigation strategy.
