Georgia Code, Title 9, Chapter 7 - Auditors
- § 9-7-1 - Duties of Auditor
The duties heretofore performed by a master in the superior court shall be performed by an auditor.
- § 9-7-2 - When Facts Referred to Auditor; on Application and Notice; on Court's Own Motion
Upon application of either party, after notice to the opposite party, the judge of the superior court, in equitable proceedings if the case shall...
- § 9-7-3 - Appointment of Auditor in Matters of Account; on Application and Notice; on Court's Own Motion
In all cases in the superior, state, or city courts involving matters of account, if the case shall require it, the judge may appoint...
- § 9-7-4 - Appointment of Person Agreed on
In all cases where the parties agree upon the person to be appointed as auditor, the court shall appoint such person.
- § 9-7-5 - Where Hearing Held; Notice of Hearing; Auditor's Oath
Except by the written consent of all parties, the auditor shall not hear evidence or argument outside the county in which the case is...
- § 9-7-6 - Powers of Auditor Generally
In all cases, unless modified by the order of appointment, in addition to the matter specially referred, the auditor shall have power to hear...
- § 9-7-7 - Contempt Referred to Superior Court
In cases of contempt by either party, a witness, or other persons, upon application to the court making the appointment, the judge thereof shall...
- § 9-7-8 - Contents of Report -- Rulings, Findings, and Conclusions
After hearing the evidence and argument, the auditor shall file the evidence and a report in which he shall clearly and separately state all...
- § 9-7-9 - Contents of Report -- Motions and Rulings; Transcript; Documentary Evidence
The auditor shall make an accurate report of all motions made before him and of his rulings thereon, and either the auditor or a...
- § 9-7-10 - Contents of Report -- Evidence Deemed Inadmissible
All evidence offered but deemed inadmissible by the auditor shall nevertheless be reported by the auditor; and if, upon exception filed to his ruling...
- § 9-7-11 - Written Notice of Filing Report
Upon filing his report, the auditor shall give both parties or their counsel written notice thereof.
- § 9-7-12 - Report Prima Facie True
The report of the auditor shall be prima facie the truth, either party having the liberty to except thereto.
- § 9-7-13 - When Report Recommitted
(a) For indefiniteness, omissions, errors of calculation, failure to report evidence, errors of law, or other proper cause, the judge may recommit the report...
- § 9-7-14 - Time for Filing Exceptions; Classification; Extension on Application; What Exceptions to Specify
(a) Within 20 days after the report is filed and notice is given to the parties, either party may file exceptions to be classified...
- § 9-7-15 - Exceptions to Matters Outside Record; Certification by Auditor or Return With Objections; Application for Mandamus; Notice and Hearing; Effect of Mandamus Absolute
(a) Exceptions as to any matter not appearing on the face of the record, in the transcript of the evidence and proceedings, or in...
- § 9-7-16 - Exceptions of Law for Judge
Exceptions of law shall be for the exclusive consideration of the judge.
- § 9-7-17 - When Exceptions of Fact Tried by Jury; Burden of Proof; Right to Open and Conclude
In all law cases where an auditor is appointed, exceptions of fact to his report shall be passed upon by the jury as in...
- § 9-7-18 - Trial on the Record; What Additional Evidence Introduced; What Evidence Excluded
In all cases where exceptions of fact are submitted to the jury, the same shall be determined upon the testimony reported by the auditor....
- § 9-7-19 - When New Testimony Considered; Application; Notice; Rights of Opposite Party
(a) No new testimony shall be considered, except in those cases where, according to the principles of law, a new trial would be granted...
- § 9-7-20 - Form of Jury's Verdict
In all cases the jury shall find for or against each exception submitted, seriatim.
- § 9-7-21 - Court to Frame Judgment or Decree
(a) If the auditor's report is not excepted to, the court shall frame a judgment or decree thereon as may be proper.(b) If exceptions...
- § 9-7-22 - Auditor's Fees
(a) The fees of an auditor to whom a case, whether legal or equitable, has been referred shall be determined and fixed by the...
- § 9-7-23 - Compensation of Reporter; by Whom Paid
(a) The compensation of the court reporter for recording the evidence and proceedings in all cases before an auditor shall be as provided by...
Last modified: October 14, 2016