Title 9 — Civil Practice

The duties heretofore performed by a master in the superior court shall be performed by an auditor. History. Ga. L. 1894, p. 123, § 3; Ga. L. 1895, p. 47, § 1; Civil Code 1895, § 4581; Civil Code 1910, § 5127; Code 1933, § 10-101.

All evidence offered but deemed inadmissible by the auditor shall nevertheless be reported by the auditor; and if, upon exception filed to his ruling thereon, the evidence is adjudged to be admissible, the same may be considered upon the trial of exceptions of fact. History. Ga. L…

Upon filing his report, the auditor shall give both parties or their counsel written notice thereof. History. Ga. L. 1894, p. 123, § 8; Civil Code 1895, § 4588; Civil Code 1910, § 5134; Code 1933, § 10-204.

The report of the auditor shall be prima facie the truth, either party having the liberty to except thereto. History. Ga. L. 1894, p. 123, § 3; Ga. L. 1895, p. 47, § 1; Civil Code 1895, § 4581; Civil Code 1910, § 5127; Code 1933, § 10-101.

When facts referred to auditor; on application and notice; on court’s own motion. Appointment of auditor in matters of account; on application and notice; on court’s own motion. Appointment of person agreed on. Where hearing held; notice of hearing; auditor’s oath. Powers of audi…

Exceptions of law shall be for the exclusive consideration of the judge. History. Ga. L. 1894, p. 123, § 14; Civil Code 1895, § 4594; Civil Code 1910, § 5140; Code 1933, § 10-401.

In all cases the jury shall find for or against each exception submitted, seriatim. History. Ga. L. 1894, p. 123, § 20; Civil Code 1895, § 4600; Civil Code 1910, § 5146; Code 1933, § 10-406.

(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 are filed, after the same have been considered and passed upon by the court or the jury, or both, as the case may be, the court shall order a judg…

(a) The fees of an auditor to whom a case, whether legal or equitable, has been referred shall be determined and fixed by the trial judge making the referral or by any other judge having jurisdiction of the case and serving in the place and stead of the trial judge. The fees so de…

(a) The compensation of the court reporter for recording the evidence and proceedings in all cases before an auditor shall be as provided by law for civil cases. (b) The court reporter shall be compensated as provided by law for furnishing transcripts of the evidence and proceedi…

In all cases where the parties agree upon the person to be appointed as auditor, the court shall appoint such person. History. Ga. L. 1894, p. 123, § 23; Civil Code 1895, § 4603; Civil Code 1910, § 5147; Code 1933, § 10-502.

Except by the written consent of all parties, the auditor shall not hear evidence or argument outside the county in which the case is proceeding. He shall give both parties or their counsel reasonable notice of the 549 9-7-6 time and place of hearing and shall be sworn to render …

In all cases, unless modified by the order of appointment, in addition to the matter specially referred, the auditor shall have power to hear motions, allow amendments, and pass upon all questions of law and fact. He shall have power to subpoena and swear witnesses and compel the …

In cases of contempt by either party, a witness, or other persons, upon application to the court making the appointment, the judge thereof shall take such proceedings and impose such penalty as the facts authorize or require. History. Ga. L. 1894, p. 123, § 3; Civil Code 1895, § …

After hearing the evidence and argument, the auditor shall file the evidence and a report in which he shall clearly and separately state all rulings made by him, classify and state his findings, and report his conclusions upon the law and facts. History. Ga. L. 1894, p. 123, § 7; C…