Title 9 — Civil Practice

Whenever the right to any office is decided, the judgment fixing the right shall further provide for the delivery to the person held to be entitled to the office of all the books and papers of every sort belonging to the office, which judgment shall be enforced as decrees in equit…

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…

When any fund or property is in litigation and the rights of either or both parties cannot otherwise be fully protected or when there is a fund or property having no one to manage it, a receiver of the same may be appointed by the judge of the superior court having jurisdiction t…

The judge of the superior court, in his discretion, may require a receiver to give bond conditioned for the faithful discharge of the trust reposed. If bond is so required, the judge shall fix the amount thereof and shall determine the sufficiency of the security. The judge shall …

Where funds are in the hands of a receiver pending a final disposition, the receiver may deposit the funds into a bank or trust company which is insured by the Federal Deposit Insurance Corporation, Federal Savings and Loan Insurance Corporation, or successor entities. If the rece…

A receiver shall not be subject to the process of garnishment. History. Orig. Code 1863, § 3475; Code 1868, § 3495; Code 1873, § 3553; Code 1882, § 3553; Civil Code 1895, § 4910; Civil Code 1910, § 5485; Code 1933, § 55-311. 593 9-8-13

(a) In all cases where a receiver is appointed under the laws of this state to take charge of the assets of any person, firm, or corporation and a fund is brought into court for distribution, the court having jurisdiction thereof shall award to counsel filing the petition and repre…

(a) Receivers who are required by law to give bond as such who have given as security on such bonds one or more guaranty companies, surety companies, fidelity insurance companies, or fidelity and deposit companies, as authorized by law, may include as part of their lawful expenses …

The power of appointing receivers should be prudently and cautiously exercised and except in clear and urgent cases should not be resorted to. History. Civil Code 1895, § 4902; Civil Code 1910, § 5477; Code 1933, § 55-303. History of Section. The language of this Code section is …

Where property has been placed in the hands of a receiver, all persons properly seeking to assert equitable remedies against such assets shall become parties to the case by intervention and shall prosecute their remedies therein. History. Civil Code 1895, § 4903; Civil Code 1910,…

Persons holding liens on property in the hands of a receiver may be 588 9-8-7 made parties to the case at any time. Unless otherwise provided in the order, liens upon the property held by any parties to the record, shall be dissolved by the receiver’s sale and transferred to the …

The presiding judge, in his discretion under the law, may order any funds, in the hands of a receiver or any other officer of court, while awaiting the termination of protracted litigation, to be invested as provided in the case of executors and administrators. History. Orig. Cod…

Receivers of corporations shall be amenable to and shall make their returns to the superior court of the county where they reside at the time of the appointment. History. Orig. Code 1863, § 275; Code 1868, § 269; Code 1873, § 278; Code 1882, § 278; Civil Code 1895, § 4912; Civil …

This part shall be known and may be cited as the “Georgia Arbitration Code.” History. Code 1933, § 7-301, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, § 9-9-80; Code 1981, § 9-9-1, as redesignated by Ga. L. 1988, p. 903, § 1.

The court shall confirm an award upon application of a party made within one year after its delivery to him, unless the award is vacated or modified by the court as provided in this part. History. Code 1933, § 7-313, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, § 9-9-92; Code 1…

(a) An application to vacate an award shall be made to the court within three months after delivery of a copy of the award to the applicant. (b) The award shall be vacated on the application of a party who either participated in the arbitration or was served with a demand for arb…

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…

(a) Upon confirmation of the award by the court, judgment shall be entered in the same manner as provided by Chapter 11 of this title and be enforced as any other judgment or decree. (b) The judgment roll shall consist of the following: 643 9-9-16 (1) The agreement and each writte…

Any judgment or any order considered a final judgment under this part may be appealed pursuant to Chapter 6 of Title 5. 644 History. Code 1933, § 7-317, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, § 9-9-96; 9-9-17 Code 1981, § 9-9-16, as redesignated by Ga. L. 1988, p. 903, §…

Unless otherwise provided in the agreement to arbitrate, the arbitrators’ expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. History. Code 1933, § 7-318, enacted by Ga. L…

(a) Part 3 of Article 2 of this chapter, as it existed prior to July 1, 1988, applies to agreements specified in subsection (b) of this Code section made between July 1, 1978, and July 1, 1988. This part applies to agreements specified in subsection (b) of this Code section made on…

(a) This part shall be known and may be cited as the “Georgia International Commercial Arbitration Code.” (b) The purpose of this part is to encourage international commercial arbitration in this state, to enforce arbitration agreements and arbitration awards, to facilitate promp…

(a) This part shall apply to international commercial arbitration, subject to any agreement in force between the United States and any other country. (b) The provisions of this part, except for Code Sections 9-9-29 and 9-9-30, subsections (f) through (h) of Code Section 9-9-38, a…

(a) As used in this part, the term: (1) “Arbitration” means any arbitration, whether or not administered by a permanent arbitral institution. (2) “Arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes that have arisen or may ari…

(a) In the interpretation of this part, regard shall be given to its international origin and to the need to promote uniformity in its application and the observance of good faith. (b) Questions concerning matters governed by this part which are not expressly settled in it are to…

(a) Unless otherwise agreed by the parties: (1) Any written communication shall be deemed to have been received if it is delivered to the addressee personally or if it is delivered at his or her place of business, habitual residence, or mailing address; if none of these can be fo…

In matters governed by this part, no court shall intervene except where provided in this part. If the controversy is within the scope of this part, the arbitration agreement shall be enforced by the courts of this state in accordance with this part without regard to the justiciab…

The functions referred to in subsections (c) and (d) of Code Section 9-9-32, subsection (c) of Code Section 9-9-34, Code Section 9-9-35, paragraph (3) of Code Section 9-9-37, Code Section 9-9-49, and subsection (b) of Code Section 9-9-56 shall be performed by the superior court i…

(a) All arbitration agreements shall be in writing. (b) A written arbitration agreement means that its contents are recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct, or by other means. (c)(1) As used in this subsecti…

(a) A court before which a civil action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting the party’s first statement on the substance of the dispute, refer the parties to arbitration unless it finds…

A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit any controversy thereafter arising to arbitration is enforceable without regard to the justiciable character of the controversy and confers jurisdiction on the cou…

Before or during arbitral proceedings, a party may request from a court an interim measure of protection, and a court may grant such measure, and such request shall not be deemed to be incompatible with an arbitration agreement. 651 History. Code 1981, § 9-9-30, enacted by Ga. L.…

The parties shall be free to determine the number of arbitrators, and if no determination is stated, the number of arbitrators shall be one. History. Code 1981, § 9-9-31, enacted by Ga. L. 2012, p. 961, § 1/SB 383. 9-9-32. Appointment of arbitrators; immunity from liability.

(a) No person shall be precluded by reason of nationality from acting as an arbitrator, unless otherwise agreed by the parties. (b) The parties shall be free to agree on a procedure to appoint the arbitrator or arbitrators, subject to the provisions of subsections (d) and (e) of …

(a) The parties shall be free to agree on a procedure for challenging an arbitrator, subject to the provisions of subsection (c) of this Code section. (b) If the parties fail to agree on a procedure for challenging an arbitrator, a party who intends to challenge an arbitrator sha…

Where the mandate of an arbitrator terminates under Code Section 9-9-34 or 9-9-35 or because of withdrawal from office for any other reason or because of the revocation of the arbitrator’s mandate by agreement of the parties or in any other case of termination of the arbitrator’s…