Title 9 — Civil Practice

Unless otherwise agreed by the parties: (1) The arbitration tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part of a contract shall be …

(a) Unless otherwise agreed by the parties, the arbitration tribunal may, at the request of a party, grant interim measures as it deems appropriate. (b) The arbitration tribunal may modify, suspend, or terminate an interim measure it has granted, upon application of any party or,…

The parties shall be treated with equality, and each party shall be given a full opportunity of presenting its case. History. Code 1981, § 9-9-40, enacted by Ga. L. 2012, p. 961, § 1/SB 383. 9-9-41. Procedure to be followed by arbitration tribunal.

(a) Subject to the provisions of this part, the parties shall be free to agree on the procedure to be followed by the arbitration tribunal in conducting the proceedings. (b) If the parties fail to agree on the procedure to be followed by the arbitration tribunal in conducting pro…

(a) The parties shall be free to agree on the place of arbitration; provided, however, that failing such agreement, the place of arbitration shall be determined by the arbitration tribunal having regard to the circumstances of the case, including the convenience of the parties. (…

Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute shall commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. History. Code 1981, § 9-9-43, enacted by Ga. L. 2012, p.…

(a) Unless otherwise agreed by the parties, the arbitration tribunal: (1) May appoint one or more experts to report to it on specific issues to be determined by the arbitration tribunal; and (2) May require a party to give the expert any relevant information or to produce, or to p…

(a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence. Subpoenas shall be served and, upon application to the court specified in Code Section 9-9-27 by a party or the arbitrators, enforced in…

(a) If a claim sought to be arbitrated would be barred by limitation of time had the claim sought to be arbitrated been asserted in court, a party may apply to the court to stay arbitration or to vacate the award, as provided in this part. The court has discretion in deciding whe…

(a) The arbitration tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given state shall be construed, unless otherwise expressed, as di…

In arbitral proceedings with more than one arbitrator, any decision of the arbitration tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members; provided, however, that questions of procedure may be decided by a presiding arbitrator, if aut…

(a) If, during arbitral proceedings, the parties settle the dispute, the arbitration tribunal shall terminate the proceedings and, if requested 662 9-9-53 by the parties and not objected to by the arbitration tribunal, record the settlement in the form of an arbitration award on …

(a) An arbitration award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitration tribunal shall suffice, provided that the reason for any…

(a) The arbitral proceedings shall be terminated by the final arbitration award or by an order of the arbitration tribunal in accordance with subsection (b) of this Code section. (b) The arbitration tribunal shall issue an order for the termination of the arbitral proceedings when…

(a) An arbitration award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the competent court, shall be enforced subject to the provisions of this Code section and of Code Section 9-9-58. (b) The party relying o…

Appeal of final judgment. Article 2 Medical Malpractice 9-9-60. 9-9-61. 9-9-62. 9-9-63. 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 arbit…

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…

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 …

(a) If the arbitration agreement provides for a method of appointment of arbitrators, that method shall be followed. If there is only one arbitrator, the term “arbitrators” shall apply to him. (b) The court shall appoint one or more arbitrators on application of a party if: (1) T…

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…

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. 9-9…

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; 676 Code 1981, § 9-9-77, as r…

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…

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. …

Where civil cases are pending in the superior courts, the Court of Appeals, or the Supreme Court in which the state is a party plaintiff, preference shall be given to such cases over all other cases so pending; and the judges or Justices, as the case may be, shall use all the pow…

(a) Any party, litigant, or other person required or permitted by law to give or post bond or bail as surety or security for the happening of any event or act in all civil matters may discharge the requirement by depositing cash in the amount of the bond so required with the appr…

Whenever an action is brought on an open account and the same is 829 9-10-112 verified by the plaintiff as provided by law, the answer either shall deny that the defendant is indebted in any sum or shall specify the amount in which the defendant admits he may be indebted and it sh…

All affidavits, petitions, answers, defenses, or other proceedings required to be verified or sworn to under oath shall be held to be sufficient when the same are sworn to before any notary public, magistrate, judge of any court, or any other officer of the state or county where t…

Where a defendant may have a remedy over against another person and vouches him into court by giving notice of the pendency of the action, the judgment rendered therein shall be conclusive upon the person vouched, as to the amount and right of the plaintiff to recover. History. C…

All affidavits for the foreclosure of liens, including mortgages, all affidavits that are the foundation of legal proceedings, and all counter affidavits shall be amendable to the same extent as ordinary pleadings and with only the restrictions, limitations, and consequences of o…

All bonds taken under requirement of law in the course of a judicial proceeding may be amended and new security given if necessary. History. Orig. Code 1863, § 3434; Code 1868, § 3454; Code 1873, § 3505; Code 1882, § 3505; Civil Code 1895, § 5123; Civil Code 1910, § 5707; Code 19…

All misnomers, whether in the Christian name or surname, made in writs, pleadings, or other civil judicial proceedings, shall, on motion, be amended and corrected instanter without working unnecessary delay to the party making the same. History. Laws 1850, Cobb’s 1851 Digest, p. …

The mistake or misprision of a clerk or other ministerial officer shall in no case work to the injury of a party where by amendment justice may be promoted. History. Laws 1799, Cobb’s 1851 Digest, p. 480; Code 1863, § 3436; Code 1868, § 3456; Code 1873, § 3507; Code 1882, § 3507;…

Bonds in judicial proceedings amendable. Amendment of misnomers on motion. Mistake by clerk or ministerial officer. Amendment by negligent party; payment of costs; terms. Amendment of pleadings on court ruling not waiver of objection thereto. for 9-10-161. 9-10-162. 9-10-163. 9-1…

— Pursuant to Code Section 28-9-5, in 2019, a period was substituted for a comma at the end of the third sentence of subsection (a). Editor’s notes. — Ga. L. 2019, p. 777, § 5/HB 502, not codified by the General Assembly, provides that: ‘‘This Act shall apply to all civil and crim…

The illness or absence, from providential cause, of counsel where there is but one, or of the leading counsel where there are more than one, shall be a sufficient ground for continuance, provided that the party making the application for a continuance will swear that he cannot go…

— Ga. L. 2019, p. 777, § 5/HB 502, not codified by the General Assembly, provides that: ‘‘This Act shall apply to all civil and criminal cases, including, but not limited to, any case currently initiated within any court in this state.’’

The party amending pleadings or other proceedings in any of the courts of this state shall not be entitled to delay or continuance on account of the amendment, except by leave of the court to enable him to make the amendment. History. Orig. Code 1863, § 3449; Code 1868, § 3469; C…

When any case is sent back for trial by the Supreme Court or the Court of Appeals, the same shall be in order for trial; and, if the continuances of a party are exhausted, the trial court may grant one continuance to the party as the ends of justice may require. History. Ga. L. 1…