Title 9

(a) The arbitrators, in their discretion, shall appoint a time and place for the hearing notwithstanding the fact that the arbitration agreement designates the county in which the arbitration hearing is to be held and shall notify the parties in writing, personally or by register…

(a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. These subpoenas shall be served and, upon application to the court by a party or the arbitrators, enforced in the same manner provided …

For the purposes of this article, the term “medical malpractice claim” means any claim for damages resulting from the death of or injury to any person arising out of: (1) Health, medical, dental, or surgical service, diagnosis, prescription, treatment, or care, rendered by a pers…

If the parties to a medical malpractice claim agree in writing to arbitrate the claim pursuant to this article, they shall file a petition in the superior court of the county where any party resides for an order authorizing the arbitration of the claim in accordance with this arti…

(a) The filing of the petition for an order authorizing arbitration as provided in Code Section 9-9-62 shall toll any applicable statute of limitations, and the statute of limitations shall remain tolled until the earliest of: (1) Thirty days after the filing of the petition, when …

The judge of the superior court of the county in which was issued the order authorizing arbitration shall appoint a reporter to attend the proceedings of the medical malpractice arbitration panel and to record exactly and truly the testimony and proceedings in the case being arbi…

(a) The referee shall meet with the parties or their representatives, or both, prior to the arbitration. The referee shall assist the parties in preparing an arbitration submission which shall contain the following: (1) A clear and accurate statement of the matters in controversy…

The referee shall be an attorney who is an active member of the State Bar of Georgia. The referee shall be a nonvoting member of the arbitration panel. History. Code 1933, § 7-406, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-116; Code 1981, § 9-9-66, as redesignated by…

(a) Every arbitration pursuant to this article shall be conducted by three arbitrators, one of whom shall be chosen by each of the parties prior to the execution of the submission provided for in Code Section 9-9-65 and one of whom shall be chosen by the arbitrators named in the …

If an arbitrator selected by one of the parties should cease to serve for any reason, the party who chose the arbitrator shall then choose another in his place. If the arbitrator chosen by the other arbitrators shall cease to serve for any reason, the arbitrators chosen by the pa…

(a) Before the arbitrators begin the arbitration, they shall be sworn by the referee to determine impartially the matters submitted to them according to law and the justice and equity of the case without favor or affection to either party. (b) Each arbitrator selected under this …

When, upon the meeting of the arbitrators, either party is not ready for trial, the referee may postpone the hearing of the case to a future day, which day shall be as early as may be consistent with the ends of justice, considering all the circumstances of the case. If one party…

After the arbitrators have commenced their investigations, they may adjourn from day to day or for a longer time, if the ends of justice require it, until their investigations are completed and they have made up their award. The arbitrators shall not meet or discuss the case or a…

The parties to the arbitration may obtain discovery in the same manner as provided by law for discovery in civil cases in the superior courts. History. Code 1933, § 7-413, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-122; Code 1981, § 9-9-72, as redesignated by Ga. L. 1…

The referee shall have all the powers of the superior courts to compel the attendance of witnesses before the arbitrators, to compel witnesses to testify, and to issue subpoenas requiring the attendance of witnesses at the time and place of the meeting of the arbitrators. Subpoen…

The referee shall have all the powers of the superior courts to compel parties to produce books and all other papers which may be deemed necessary and proper for the investigation of the matters submitted to arbitration, giving to the party, his agent, or his attorney, from whom …

All persons who are competent as witnesses in the superior courts shall be competent in all cases before the arbitrators. History. Code 1933, § 7-416, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-125; Code 1981, § 9-9-75, as redesignated by Ga. L. 1988, p. 903, § 3.

The examination of witnesses and the admission of evidence shall be governed by the rules applicable to the superior courts. History. Code 1933, § 7-417, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-126; Code 1981, § 9-9-76, as redesignated by Ga. L. 1988, p. 903, § 3.

The referee shall have power to administer oaths to witnesses and to administer all other oaths that may be necessary for carrying this article into full effect. History. Code 1933, § 7-418, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-127; Code 1981, § 9-9-77, as redes…

The arbitrators shall make a written finding on each of the matters in controversy contained in the submission. If the arbitrators shall fail to agree on any finding, then any two of them may make the finding, which shall have the same force and effect as if made by all. History. Co…

After the arbitrators have made their findings, the referee shall furnish each of the parties with a copy thereof. The original shall be entered on the minutes of the court authorizing the arbitration; it shall have all the force and effect of a judgment or decree of the court and…

(a) All findings of the arbitrators with respect to which no application for a review thereof is filed in due time shall be final and conclusive between the parties as to all matters submitted to the arbitrators; but either party to the dispute may, within 30 days from the date the …

The arbitrators shall return in their award the costs of the case, which they shall tax against the parties in accordance with the submission. History. Code 1933, § 7-422, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-131; Code 1981, § 9-9-81, as redesignated by Ga. L. 1…

The arbitrators and referee shall have such compensation for their services as may be agreed upon by the parties in the submission. History. Code 1933, § 7-423, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-132; Code 1981, § 9-9-82, as redesignated by Ga. L. 1988, p. 903…

An arbitrator shall not be civilly or criminally liable for libel, slander, or defamation of any of the parties to the arbitration for any statement or action taken within the official capacity of the arbitrator during the arbitration. History. Code 1933, § 7-424, enacted by Ga. …

Applicability; exclusive method. Effect of arbitration agreement. Application to court; venue; service of papers; scope of court’s consideration; application for order of attachment or preliminary injunction. Limitation of time as bar to arbitration. Application to compel or stay…

Appeal of final judgment. Article 2 Medical Malpractice 9-9-60. 9-9-61. 9-9-62. 9-9-64. 9-9-65. 9-9-66. 9-9-67. 9-9-68. 9-9-69. 9-9-70. 9-9-71. 9-9-72. 9-9-73. 9-9-74. 9-9-75. 9-9-76. 9-9-77. 9-9-78. 9-9-79. 599 “Medical malpractice claim” defined. Medical malpractice arbitration a…

Young, 220 Ga. App. 47, 467 S.E.2d 230 (1996), overruled on other grounds, Allen v. Kahn, 231 Ga. App. 438, 499 S.E.2d 164 (1998). Validity of service of original action outside statute of limitation. — When an original action was filed prior to the running of the statute of limi…

Civil and criminal immunity of arbitrators. [Repealed] Governor’s Commission on Obstetrics. For article on construction law, see 42 Mercer L. Rev. 25 (1990). For annual survey on law of contracts, see 42 Mercer L. Rev. 125 (1990). For annual survey article on contract law, see 45…