Presumption-of-Identity Rule Law and Legal Definition

Presumption of identity rule refers to a presumption that unless there is a specific, applicable statute in another state, a court will presume that the common law has developed elsewhere identically with how it has developed in the court's own state, so that the court may apply its own state's law. At present, the rule applies primarily in Georgia.

In Georgia, where there is not a specific statute in another state which applies, then Georgia courts presume that Georgia's development of common law is identical to the foreign forum's common law and therefore apply the law of Georgia. [Shorewood Packaging Corp. v. Commercial Union Ins. Co., 865 F. Supp. 1577 (N.D. Ga. 1994)]