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. Cross references. Appointment and powers of special master in […]
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. 1894, p. 123, § 6; Civil Code 1895, […]
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.
For indefiniteness, omissions, errors of calculation, failure to report evidence, errors of law, or other proper cause, the judge may recommit the report for such further action as may be proper. In such cases, the evidence shall be confined to such issues as the judge, in the order of recommitment, may indicate. If ordered to […]
Within 20 days after the report is filed and notice is given to the parties, either party may file exceptions to be classified separately as “exceptions of law” and “exceptions of fact.” The trial judge may, in his discretion, on application of any party and without notice to the other party or parties, grant and […]
Exceptions as to any matter not appearing on the face of the record, in the transcript of the evidence and proceedings, or in the report itself, shall be certified to be true by the auditor within 40 days after the report is filed. If the auditor determines that any such exception is not true or […]
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 law cases where an auditor is appointed, exceptions of fact to his report shall be passed upon by the jury as in other issues of fact, and in equity cases by the jury when approved by the judge. The burden of proving error in the report of the auditor shall be upon the […]
In all cases where exceptions of fact are submitted to the jury, the same shall be determined upon the testimony reported by the auditor. Only so much of the evidence as is material and pertinent to the issue then on trial shall be read to the jury. Admissible material evidence introduced and not reported and […]
No new testimony shall be considered, except in those cases where, according to the principles of law, a new trial would be granted for newly discovered evidence. Application to introduce such original and newly discovered evidence shall be made to the judge before the argument on the exceptions, if the same is then known, with […]
Upon application of either party, after notice to the opposite party, the judge of the superior court, in equitable proceedings if the case shall require it, may refer any part of the facts to an auditor to investigate and report the result to the court. Furthermore, the judge may, upon his own motion, when in […]
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.
If the auditor’s report is not excepted to, the court shall frame a judgment or decree thereon as may be proper. 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 judgment or 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 determined and fixed […]
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. The court reporter shall be compensated as provided by law for furnishing transcripts of the evidence and proceedings. The compensation shall be paid by the parties to the […]
In all cases in the superior, state, or city courts involving matters of account, if the case shall require it, the judge may appoint an auditor to investigate the matters of account and report the result to the court upon the application of either party and after notice to the opposite party, or upon his […]
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 time and place of hearing and shall be sworn to render a true report according to the law […]
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 production of papers. History. Ga. L. 1894, […]
