reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 5 - INJUNCTIONS (§§ 9-5-1 — 9-5-11) › Section 9-5-1 - For what purposes injunctions may be issued

Equity, by a writ of injunction, may restrain proceedings in another or the same court, a threatened or existing tort, or any other act of a private individual or corporation which is illegal or contrary to equity and good conscience and for which no adequate remedy is provided at law.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 5 - INJUNCTIONS (§§ 9-5-1 — 9-5-11) › Section 9-5-2 - No interference by equity in administration of criminal laws

Equity will take no part in the administration of the criminal law. It will neither aid criminal courts in the exercise of their jurisdiction, nor will it restrain or obstruct them.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 5 - INJUNCTIONS (§§ 9-5-1 — 9-5-11) › Section 9-5-3 - When court proceedings enjoined; injunctions against sheriffs' sales

(a)
Equity will not enjoin the proceedings and processes of a court of law, absent some intervening equity or other proper defense of which a party, without fault on his part, cannot avail himself at law.
(b)
Writs of injunction may be issued by judges of the superior courts to enjoin sales by sheriffs, at any time before a sale takes place, in any proper case made by application for injunction.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 5 - INJUNCTIONS (§§ 9-5-1 — 9-5-11) › Section 9-5-4 - Grounds for restraint of trespass

Equity will not interfere to restrain a trespass, unless the injury is irreparable in damages, or the trespasser is insolvent, or other circumstances exist which, in the discretion of the court, render the interposition of the writ necessary and proper, among which shall be the avoidance of circuity and multiplicity of actions.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 5 - INJUNCTIONS (§§ 9-5-1 — 9-5-11) › Section 9-5-5 - When waste enjoined

Equity will not interfere by injunction to restrain waste when the petitioner's title is not clear. Such relief shall be granted only when the title is free from dispute.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 5 - INJUNCTIONS (§§ 9-5-1 — 9-5-11) › Section 9-5-6 - Injunction against debtors not generally available to creditors

Creditors without liens may not, as a general rule, enjoin their debtors from disposing of property nor obtain injunctions or other extraordinary relief in equity.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 5 - INJUNCTIONS (§§ 9-5-1 — 9-5-11) › Section 9-5-7 - When breach of contract for personal services enjoined

Generally an injunction will not issue to restrain the breach of a contract for personal services unless the services are of a peculiar merit or character and cannot be performed by others.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 5 - INJUNCTIONS (§§ 9-5-1 — 9-5-11) › Section 9-5-8 - Grant of injunctions in discretion of court; power to be exercised cautiously

The granting and continuing of injunctions shall always rest in the sound discretion of the judge, according to the circumstances of each case. This power shall be prudently and cautiously exercised and, except in clear and urgent cases, should not be resorted to.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 5 - INJUNCTIONS (§§ 9-5-1 — 9-5-11) › Section 9-5-11 - Injunctions against certain transactions outside state

Equity may enjoin the defendant as to transactions involving fraud, trust, or contracts beyond the limits of this state.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 1 - GENERAL PROVISIONS (§ 9-6-1) › Section 9-6-1 - Final judgment prerequisite to appeal; grant of new trial subject to review

No appeal as to any ruling or decision in a mandamus or quo warranto proceeding or in a case involving a writ of prohibition may be taken until there has been a final judgment in the trial court. The grant of a new trial shall be treated as a final judgment in these cases and subject to review as in other cases.
Amended by 2016 Ga. Laws 626,§ 3-4, eff. 1/1/2017.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 2 - MANDAMUS (§§ 9-6-20 — 9-6-28) › Section 9-6-20 - When mandamus may issue; exceptions

All official duties should be faithfully performed, and whenever, from any cause, a defect of legal justice would ensue from a failure to perform or from improper performance, the writ of mandamus may issue to compel a due performance if there is no other specific legal remedy for the legal rights; provided, however, that no writ of mandamus to compel the removal of a judge shall issue where no motion to recuse has been filed, if such motion is available, or where a motion to recuse has been denied after assignment to a separate judge for hearing.
Amended by 2009 Ga. Laws 121,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 2 - MANDAMUS (§§ 9-6-20 — 9-6-28) › Section 9-6-21 - Not a private remedy; enforcement of officer's discretionary acts

(a)
Mandamus shall not lie as a private remedy between individuals to enforce private rights nor to a public officer who has an absolute discretion to act or not to act unless there is a gross abuse of such discretion. However, mandamus shall not be confined to the enforcement of mere ministerial duties.
(b)
On the application of one or more citizens of any county against the county board of commissioners where by law supervision and jurisdiction is vested in such commissioners over the public roads of such counties and the overseers of the public roads complained of; or against the judge of the probate court where by law supervision, control, and jurisdiction over such public roads is vested in the judge and the overseers of the public roads that may be complained of; or against either, both, or all of the named parties, as the facts and methods of working the public roads in the respective counties may justify, which application or action for mandamus shall show that one or more of the public roads of the county of the plaintiff's residence are out of repair; do not measure up to the standards and do not conform to the legal requirements as prescribed by law; and are in such condition that ordinary loads, with ordinary ease, cannot be hauled over such public roads, the judges of the superior courts are authorized and given jurisdiction and it is made their duty, upon such showing being made, to issue the writ of mandamus against the parties having charge of and supervision over the public roads of the county; and to compel by such proceedings the building, repairing, and working of the public roads as are complained of, up to the standard required by law, so that ordinary loads, with ordinary ease and facility, can be continuously hauled over such public roads. The judges of the superior courts shall, by proper order, in the same proceedings compel the work done necessary to build, repair, and maintain such public roads up to the standard so prescribed.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 2 - MANDAMUS (§§ 9-6-20 — 9-6-28) › Section 9-6-22 - Enforcement of officer's duties under Title 5

If any sheriff, clerk, or other officer fails to discharge any duty required of him by any provision of Title 5, upon petition the appellate court or the superior, state, or city court, as the case may be, may compel the performance of such duty by mandamus. No party shall lose any right by reason of the failure of the officer to discharge his duties when the party has been guilty of no fault himself and has exercised ordinary diligence to secure the discharge of such duties.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 2 - MANDAMUS (§§ 9-6-20 — 9-6-28) › Section 9-6-23 - Enforcement of corporation's public duty

A private person may by mandamus enforce the performance by a corporation of a public duty as to matters in which he has a special interest.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 2 - MANDAMUS (§§ 9-6-20 — 9-6-28) › Section 9-6-24 - What interest required to enforce public right

Where the question is one of public right and the object is to procure the enforcement of a public duty, no legal or special interest need be shown, but it shall be sufficient that a plaintiff is interested in having the laws executed and the duty in question enforced.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 2 - MANDAMUS (§§ 9-6-20 — 9-6-28) › Section 9-6-25 - Loss prerequisite to enforcing private right

In order for a plaintiff to enforce a private right by mandamus he must show pecuniary loss for which he cannot be compensated in damages.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 2 - MANDAMUS (§§ 9-6-20 — 9-6-28) › Section 9-6-26 - Mandamus not granted where fruitless, nor on suspicion

Mandamus will not be granted when it is manifest that the writ would, for any cause, be nugatory or fruitless, nor will it be granted on a mere suspicion or fear, before a refusal to act or the doing of a wrongful act.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 2 - MANDAMUS (§§ 9-6-20 — 9-6-28) › Section 9-6-27 - Time of hearing; notice; how and when issues of fact determined

(a)
Upon the presentation of an application for mandamus, if the mandamus nisi is granted the judge shall cause the same to be returned for trial not less than ten nor more than 30 days from such date. The defendant shall be served at least five days before the time fixed for the hearing.
(b)
If no issue of fact is raised by the application and answer, the case shall be heard and determined by the court without the intervention of a jury.
(c)
If an issue of fact is involved, it may be heard by the judge upon the consent of all parties. Otherwise, the case shall be set for trial upon the first day of the next term of the superior court as other jury cases are tried. However, if the court has a scheduled session for jury trials which will occur before the next term, the case shall stand for trial at the present term.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 2 - MANDAMUS (§§ 9-6-20 — 9-6-28) › Section 9-6-28 - Appeal

(a)
Upon refusal of the court to grant the mandamus nisi, the applicant may appeal as in other cases. Either party dissatisfied with the judgment on the hearing of the answer to the mandamus nisi may likewise appeal.
(b)
Mandamus cases shall be heard on appeal under the same laws and rules as apply to injunction cases.
Amended by 2016 Ga. Laws 626,§ 3-5, eff. 1/1/2017.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 3 - PROHIBITION (§§ 9-6-40 — 9-6-42) › Section 9-6-40 - Prohibition counterpart of mandamus

The writ of prohibition is the counterpart of mandamus, to restrain subordinate courts and inferior judicial tribunals from exceeding their jurisdiction where no other legal remedy or relief is given. The granting or refusal thereof is governed by the same principles of right, necessity, and justice as apply to mandamus; provided, however, that no writ of prohibition to compel the removal of a judge shall issue where no motion to recuse has been filed, if such motion is available, or where a motion to recuse has been denied after assignment to a separate judge for hearing.
Amended by 2009 Ga. Laws 121,§ 2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 3 - PROHIBITION (§§ 9-6-40 — 9-6-42) › Section 9-6-41 - When writ granted; time for return; trial of fact issues

The writ of prohibition may be granted at any time, on proper showing made. The return must be in term. Any issue of fact made thereon must be tried as in equity cases.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 3 - PROHIBITION (§§ 9-6-40 — 9-6-42) › Section 9-6-42 - Prohibition against executive and military officers; Governor exempt

The writ of prohibition will not lie to the duly inaugurated Governor, but it lies to all other executive or military officers when acting as a judicial or quasi-judicial tribunal.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 4 - QUO WARRANTO (§§ 9-6-60 — 9-6-66) › Section 9-6-60 - For what purpose quo warranto may issue; who may bring action

The writ of quo warranto may issue to inquire into the right of any person to any public office the duties of which he is in fact discharging. It may be granted only after the application by some person either claiming the office or interested therein.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 4 - QUO WARRANTO (§§ 9-6-60 — 9-6-66) › Section 9-6-61 - Writ lies against civil and military officers; Governor exempt

The question of who is the lawful Governor of this state may not be tried by quo warranto, but the writ of quo warranto will lie to all other civil or military officers.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 4 - QUO WARRANTO (§§ 9-6-60 — 9-6-66) › Section 9-6-62 - When granted; how issues of fact tried

The writ of quo warranto may be granted at any time, on proper showing made. Any issue of fact made thereon must be tried as in equity cases.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 4 - QUO WARRANTO (§§ 9-6-60 — 9-6-66) › Section 9-6-63 - Service of writ and process

(a)
As used in this Code section, the term "personal service" means service by placing a copy of the writ and process in the quo warranto proceeding in the hands of the defendant.
(b)
The writ and process in a quo warranto proceeding shall be served on the defendant personally.
(c)
Service of the writ and process in such proceeding upon a resident of this state who is temporarily residing or sojourning outside this state may be perfected in the same manner as is provided for service of process by publication as set forth in paragraph (1) of subsection (f) of Code Section
9-11-4
or personal service outside the state as set forth in paragraph (2) of subsection (f) of Code Section
9-11-4
. When service is perfected upon any such person as provided for in the aforesaid Code section, then the person shall be bound by the final decision of the proceedings as fully as though the person had been personally served within this state.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 4 - QUO WARRANTO (§§ 9-6-60 — 9-6-66) › Section 9-6-64 - How issues of law determined; time for final determination; appeal; application to issues of fact

(a)
In all applications for writs of quo warranto, of informations in the nature of quo warranto, or of proceedings by such writs to determine the right to hold office, where the case presented by the applicant involves only questions of law, the same may be determined, as are equitable proceedings, by the judge of the superior court before whom the case was begun; and the judge shall so order all the proceedings connected with and usual in such cases that the final determination shall be had by him within ten days from the commencement of the action, application, or proceeding. If either party to the application or proceeding desires to except to the final decision of the judge of the superior court, he shall file an appeal as in other cases, and the duties of the clerk shall be the same as in other cases.
(b)
All the provisions of subsection (a) of this Code section are extended to proceedings quo warranto, or writs of that nature, involving issues of fact to be tried by a jury, when the same can be applied; but nothing in the subsection shall be construed to affect any rights or remedies in this class of cases which are not covered thereby.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 4 - QUO WARRANTO (§§ 9-6-60 — 9-6-66) › Section 9-6-65 - Jury trial where facts at issue; time of trial; continuances

In cases where the facts alleged are denied by the defendant or defendants on oath, the judge shall forthwith, in the usual manner, draw a jury of 12 to try the issue of fact, and the judge shall have the power to fix a day for trial of the issue of fact with an order that the sheriff shall notify the parties of the time and place of trial. The date fixed for the trial shall not be less than ten nor more than 30 days from the date of the order. The judge shall have the discretion to continue the hearing from day to day, as provided for in other cases.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 6 - EXTRAORDINARY WRITS (§§ 9-6-1 — 9-6-66) › Article 4 - QUO WARRANTO (§§ 9-6-60 — 9-6-66) › Section 9-6-66 - Disposition of books and papers by judgment

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 equity are enforced.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-1 - Duties of auditor

The duties heretofore performed by a master in the superior court shall be performed by an auditor.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-2 - When facts referred to auditor; on application and notice; on court's own motion

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 his judgment the facts and circumstances of any such case require it, refer the same to an auditor.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-3 - Appointment of auditor in matters of account; on application and notice; on court's own motion

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 own motion when in his judgment the facts and circumstances of any such case require it.
Amended by 2007 Ga. Laws 18,§ 9, eff. 5/11/2007.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-4 - Appointment of person agreed on

In all cases where the parties agree upon the person to be appointed as auditor, the court shall appoint such person.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-5 - Where hearing held; notice of hearing; auditor's oath

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 and the evidence without favor or affection to either party.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-6 - Powers of auditor generally

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-7 - Contempt referred to superior court

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-8 - Contents of report - Rulings, findings, and conclusions

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-9 - Contents of report - Motions and rulings; transcript; documentary evidence

The auditor shall make an accurate report of all motions made before him and of his rulings thereon, and either the auditor or a party shall have the evidence and proceedings recorded by a court reporter. Any original document introduced in evidence shall be properly identified and attached to the report.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-10 - Contents of report - Evidence deemed inadmissible

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-12 - Report prima facie true

The report of the auditor shall be prima facie the truth, either party having the liberty to except thereto.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-13 - When report recommitted

(a)
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.
(b)
In such cases, the evidence shall be confined to such issues as the judge, in the order of recommitment, may indicate. If ordered to be taken de novo, the parties may agree as to what portion of the original report shall be retained in lieu of reintroduction.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-14 - Time for filing exceptions; classification; extension on application; what exceptions to specify

(a)
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."
(b)
The trial judge may, in his discretion, on application of any party and without notice to the other party or parties, grant and issue an order extending the time for filing exceptions to an auditor's report. Extensions shall be freely granted in cases involving complicated facts or accounts, complicated issues of law, or lengthy records, so as to allow adequate time for preparation of exceptions thereto. All applications for extensions of time must be made before the expiration of the period of time for filing exceptions as originally prescribed or as extended by previous order of the court. The order granting any extension of time shall be promptly filed with the clerk of the trial court who shall promptly give notice thereof to all other parties involved in the case.
(c)
Exceptions to auditors' reports need not set out therein portions of the record in the original case, nor of the auditor's report, nor of the evidence reported by the auditor. It shall not be necessary that the grounds of any exceptions be complete in themselves. It shall be sufficient, for purposes of this Code section, if the exceptions point out by title and paragraph number such part of the pleadings, and by page number such part of the auditor's report, and such parts of the evidence reported by the auditor as are necessary to an understanding of the errors complained of.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-15 - Exceptions to matters outside record; certification by auditor or return with objections; application for mandamus; notice and hearing; effect of mandamus absolute

(a)
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 does not contain all of the necessary facts, he shall return the same within ten days to the party or his attorney with his objections in writing. If these objections are met and removed within ten days, he may then certify the same, specifying the cause of delay.
(b)
If for any cause the exceptions are not certified by the auditor, without fault of the party or his attorney, the party or his attorney may apply to the judge of the superior court within 30 days from the tendering of the exceptions and on petition obtain a mandamus nisi directed to the auditor.
(c)
The petition for a mandamus nisi shall set out a substantial copy of the exceptions, and shall be verified by the party or his counsel, or supported by other proof as to the truth of the facts stated therein. The mandamus nisi shall be served upon the auditor within ten days after the same is signed by the judge and shall be made returnable not more than 30 days after signing. The opposite party shall have notice of the time and place of hearing the mandamus nisi and may resist the application for a mandamus absolute. If there is a traverse filed to the answer, the same shall be determined by a jury. If the mandamus is made absolute, the order shall have the effect, to that extent, of amending the report of the auditor.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-17 - When exceptions of fact tried by jury; burden of proof; right to open and conclude

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 party making the exceptions, who shall have the right to open and conclude the argument. In all cases where both parties file exceptions of fact, the party against whom judgment would be rendered if the report were approved shall be entitled to open and conclude the argument.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-18 - Trial on the record; what additional evidence introduced; what evidence excluded

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 evidence improperly excluded shall also be submitted to the jury and all inadmissible evidence shall be excluded from their consideration.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-19 - When new testimony considered; application; notice; rights of opposite party

(a)
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.
(b)
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 a statement of the party and his attorney setting out the expected testimony and facts authorizing it to be admitted as newly discovered evidence.
(c)
The opposite party shall be served with notice of the application. If the same is admitted, the opposite party shall be entitled to a continuance. On the trial he shall be entitled to introduce original testimony in rebuttal of the newly discovered evidence.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-21 - Court to frame judgment or decree

(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 judgment or a decree in accordance with the report and the changes made by the court or the jury, unless the same shall require a recommitment.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-22 - Auditor's fees

(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 may be apportioned between and among the parties at the discretion of the judge.
(b)
The court with consent of the parties may fix the fees of the auditor in advance and incorporate the same in the order making the appointment.
(c)
The fees of an auditor, as determined and fixed by the judge, shall be included in and made a part of the judgment of the court. The fees of the auditor shall be assessed as court costs and shall be paid prior to the filing of any appeal from the judgment of the court; provided, however, that if such fees have not been determined and assessed at the time of filing any such appeal, the same shall be paid within 30 days from the date of assessment.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 7 - AUDITORS (§§ 9-7-1 — 9-7-23) › Section 9-7-23 - Compensation of reporter; by whom paid

(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 proceedings. The compensation shall be paid by the parties to the case. The reporter, for additional transcripts of evidence and proceedings furnished by him, shall be paid by the party requesting the same as agreed between the parties and, in the event of a disagreement, shall be paid as provided by law.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 8 - RECEIVERS (§§ 9-8-1 — 9-8-14) › Section 9-8-1 - Appointment of receiver - Grounds generally

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 thereof.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 8 - RECEIVERS (§§ 9-8-1 — 9-8-14) › Section 9-8-2 - Appointment of receiver - To protect trust or joint property

Equity may appoint receivers to take possession of and protect trust or joint property and funds whenever the danger of destruction and loss shall require such interference.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 8 - RECEIVERS (§§ 9-8-1 — 9-8-14) › Section 9-8-3 - Appointment of receiver - To hold assets liable for debt; appointment without notice; terms

Equity may appoint a receiver to take possession of and hold, subject to the direction of the court, any assets charged with the payment of debts where there is manifest danger of loss, destruction, or material injury to those interested. Under extraordinary circumstances, a receiver may be appointed before and without notice to the trustee or other person having charge of the assets. The terms on which a receiver is appointed shall be in the discretion of the court.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 8 - RECEIVERS (§§ 9-8-1 — 9-8-14) › Section 9-8-4 - Caution to be exercised in appointing receiver

The power of appointing receivers should be prudently and cautiously exercised and except in clear and urgent cases should not be resorted to.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 8 - RECEIVERS (§§ 9-8-1 — 9-8-14) › Section 9-8-5 - Intervention of persons asserting equitable remedies

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 8 - RECEIVERS (§§ 9-8-1 — 9-8-14) › Section 9-8-6 - Lienholders made parties; divestment by receiver's sale

Persons holding liens on property in the hands of a receiver may be 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 funds arising from the sale of the property.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 8 - RECEIVERS (§§ 9-8-1 — 9-8-14) › Section 9-8-7 - Investment of funds in receivership

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 8 - RECEIVERS (§§ 9-8-1 — 9-8-14) › Section 9-8-8 - Receiver an officer of court; subject to court's orders or removal

(a)
The receiver is an officer and servant of the court appointing him, is responsible to no other tribunal than the court, and must in all things obey its direction.
(b)
The receiver shall discharge his trust according to the orders or decrees of the court appointing him. He is at all times subject to its orders and may be brought to account and removed at its pleasure.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 8 - RECEIVERS (§§ 9-8-1 — 9-8-14) › Section 9-8-9 - To which court receivers of corporations amenable

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 8 - RECEIVERS (§§ 9-8-1 — 9-8-14) › Section 9-8-10 - Receiver's bond

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 also regulate the compensation paid to the receiver.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 8 - RECEIVERS (§§ 9-8-1 — 9-8-14) › Section 9-8-11 - Liability of receiver where bank fails

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 receiver fails to utilize such an insured bank or trust company, he shall be personally liable for any resulting loss.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 8 - RECEIVERS (§§ 9-8-1 — 9-8-14) › Section 9-8-13 - Award of attorneys' and receivers' fees; how determined

(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 representing the moving creditor or creditors, out of the fund, no greater sum as fees for services rendered in filing the petition and bringing the fund into court than the services are actually worth, taking as a basis therefor the amount represented by the counsel in the original petition and the assets brought into the hands of the receiver by the services of counsel not including the assets turned over to the receiver by defendants under order of the court.
(b)
In all cases where a receiver is appointed to take charge of the assets of any person, firm, or corporation, the court having jurisdiction thereof shall award to the receiver as full compensation for his services, out of the fund coming into his hands, not more than 8 percent of the first $1,000.00, 4 percent of the excess up to $5,000.00, 3 percent of the amount above $5,000.00 and not exceeding $10,000.00, and 2 percent of all sums over $10,000.00. Where the business of an insolvent person, firm, or corporation is continued and conducted by a receiver, the judge may allow such compensation as may be reasonable for such services in lieu of commissions, not exceeding the compensation paid by persons in the usual and regular conduct of such business.
(c)
In all cases, the presiding judge or other competent tribunal shall allow such compensation to the attorney or attorneys filing the original petition and to the receiver or receivers appointed thereunder as their services are reasonably worth.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 8 - RECEIVERS (§§ 9-8-1 — 9-8-14) › Section 9-8-14 - Expenses of giving bond allowable as cost of administration

(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 or costs of administration such reasonable sum or sums paid to the company or companies for the suretyship not exceeding 1 percent per annum on the amount of the bond as the court, judge, or other officer by whom they were appointed allows.
(b)
Any court, judge, or other officer whose duty it is to pass upon the account of any person or corporation required to execute a bond with surety or sureties, whenever the person or corporation has given any such company or companies as security as provided in subsection (a) of this Code section, shall allow in the settlement of the account a reasonable sum for the expenses and premiums incurred in securing the surety, not exceeding the amounts specified in the subsection.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 1 - GENERAL PROVISIONS (§§ 9-9-1 — 9-9-59) › Part 1 - ARBITRATION CODE (§§ 9-9-1 — 9-9-18) › Section 9-9-1 - Short title

This part shall be known and may be cited as the "Georgia Arbitration Code."
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 1 - GENERAL PROVISIONS (§§ 9-9-1 — 9-9-59) › Part 1 - ARBITRATION CODE (§§ 9-9-1 — 9-9-18) › Section 9-9-3 - Effect of arbitration agreement

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 courts of the state to enforce it and to enter judgment on an award.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 1 - GENERAL PROVISIONS (§§ 9-9-1 — 9-9-59) › Part 1 - ARBITRATION CODE (§§ 9-9-1 — 9-9-18) › Section 9-9-4 - Application to court; venue; service of papers; scope of court's consideration; application for order of attachment or preliminary injunction

(a)
(1)
Any application to the court under this part shall be made to the superior court of the county where venue lies, unless the application is made in a pending court action, in which case it shall be made to the court hearing that action. Subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.
(2)
All applications shall be by motion and shall be heard in the manner provided by law and rule of court for the making or hearing of motions, provided that the motion shall be filed in the same manner as a complaint in a civil action.
(b)
Venue for applications to the court shall lie:
(1)
In the county where the agreement provides for the arbitration hearing to be held; or
(2)
If the hearing has already been held, in the county where it was held; or
(3)
In the county where any party resides or does business; or
(4)
If there is no county as described in paragraph (1), (2), or (3) of this subsection, in any county.
(c)
(1)
A demand for arbitration shall be served on the other parties by registered or certified mail or statutory overnight delivery, return receipt requested.
(2)
The initial application to the court shall be served on the other parties in the same manner as a complaint under Chapter 11 of this title.
(3)
All other papers required to be served by this part shall be served in the same manner as pleadings subsequent to the original complaint and other papers are served under Chapter 11 of this title.
(d)
In determining any matter arising under this part, the court shall not consider whether the claim with respect to which arbitration is sought is tenable nor otherwise pass upon the merits of the dispute.
(e)
The superior court in the county in which an arbitration is pending, or, if not yet commenced, in a county specified in subsection (b) of this Code section, may entertain an application for an order of attachment or for a preliminary injunction in connection with an arbitrable controversy, but only upon the ground that the award to which the applicant may be entitled may be rendered ineffectual without such provisional relief.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 1 - GENERAL PROVISIONS (§§ 9-9-1 — 9-9-59) › Part 1 - ARBITRATION CODE (§§ 9-9-1 — 9-9-18) › Section 9-9-5 - Limitation of time as bar to arbitration

(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 whether to apply the bar. A party waives the right to raise limitation of time as a bar to arbitration in an application to stay arbitration by that party's participation in the arbitration.
(b)
Failure to make this application to the court shall not preclude a party from asserting before the arbitrators limitation of time as a bar to the arbitration. The arbitrators, in their sole discretion, shall decide whether to apply the bar. This exercise of discretion shall not be subject to review of the court on an application to confirm, vacate, or modify the award except upon the grounds hereafter specified in this part for vacating or modifying an award.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 1 - GENERAL PROVISIONS (§§ 9-9-1 — 9-9-59) › Part 1 - ARBITRATION CODE (§§ 9-9-1 — 9-9-18) › Section 9-9-7 - Appointment of arbitrators

(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)
The agreement does not provide for a method of appointment;
(2)
The agreed method fails;
(3)
The agreed method is not followed for any reason; or
(4)
The arbitrators fail to act and no successors have been appointed.
(c)
An arbitrator appointed pursuant to subsection (b) of this Code section shall have all the powers of one specifically named in the agreement.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 1 - GENERAL PROVISIONS (§§ 9-9-1 — 9-9-59) › Part 1 - ARBITRATION CODE (§§ 9-9-1 — 9-9-18) › Section 9-9-8 - Time and place for hearing; notice; application for prompt hearing; conduct of hearing; right to counsel; record; waiver

(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 registered or certified mail or statutory overnight delivery, not less than ten days before the hearing. The arbitrators may adjourn or postpone the hearing. The court, upon application of any party, may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
(b)
The parties are entitled to be heard; to present pleadings, documents, testimony, and other matters; and to cross-examine witnesses. The arbitrators may hear and determine the controversy upon the pleadings, documents, testimony, and other matters produced notwithstanding the failure of a party duly notified to appear.
(c)
A party has the right to be represented by an attorney and may claim such right at any time as to any part of the arbitration or hearings which have not taken place. This right may not be waived. If a party is represented by an attorney, papers to be served on the party may be served on the attorney.
(d)
The hearing shall be conducted by all the arbitrators unless the parties otherwise agree; but a majority may determine any question and render and change an award, as provided in this part. If during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
(e)
The arbitrators shall maintain a record of all pleadings, documents, testimony, and other matters introduced at the hearing. The arbitrators or any party to the proceeding may have the proceedings transcribed by a court reporter.
(f)
Except as provided in subsection (c) of this Code section, a requirement of this Code section may be waived by written consent of the parties or by continuing with the arbitration without objection.