reglab/statecodes huggingface dataset:
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 2 - GEORGIA INTERNATIONAL COMMERCIAL ARBITRATION CODE (§§ 9-9-20 — 9-9-59) › Section 9-9-53 - Arbitration award

(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 omitted signature is stated.
(b)
The arbitration award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the arbitration award is an arbitration award on agreed terms pursuant to Code Section
9-9-52
.
(c)
The arbitration award shall state its date and the place of arbitration as determined in accordance with subsection (a) of Code Section
9-9-42
. The arbitration award shall be deemed to have been made at that place.
(d)
After the arbitration award is made, a copy signed by the arbitrators in accordance with subsection (a) of this Code section shall be delivered to each party.
(e)
The arbitrators may award reasonable fees and expenses actually incurred, including, without limitation, fees and expenses of legal counsel, to any party to the arbitration and shall allocate the costs of the arbitration among the parties as it determines appropriate.
Added by 2012 Ga. Laws 713,§ 1, eff. 7/1/2012.
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 2 - GEORGIA INTERNATIONAL COMMERCIAL ARBITRATION CODE (§§ 9-9-20 — 9-9-59) › Section 9-9-54 - Termination of arbitral proceedings

(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:
(1)
The claimant withdraws his or her claim, unless the respondent objects thereto and the arbitration tribunal recognizes a legitimate interest by the respondent in obtaining a final settlement of the dispute;
(2)
The parties agree on the termination of the proceedings; or
(3)
The arbitration tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.
(c)
The mandate of the arbitration tribunal shall terminate with the termination of the arbitral proceedings, subject to the provisions of Code Section
9-9-55
and subsection (d) of Code Section
9-9-56
.
Added by 2012 Ga. Laws 713,§ 1, eff. 7/1/2012.
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 2 - GEORGIA INTERNATIONAL COMMERCIAL ARBITRATION CODE (§§ 9-9-20 — 9-9-59) › Section 9-9-55 - Correction or interpretation of arbitration award; additional arbitration awards; extension of time for correction, interpretation, or additional award

(a)
(1)
Within 30 days of receipt of the arbitration award, unless another period of time has been agreed upon by the parties:
(A)
A party, with notice to the other party, may request the arbitration tribunal to correct in the arbitration award any errors in computation, any clerical or typographical errors, or any errors of similar nature; and
(B)
If agreed by the parties, a party, with notice to the other party, may request the arbitration tribunal to give an interpretation of a specific point or part of the arbitration award.
(2)
If the arbitration tribunal considers any request under paragraph (1) of this subsection to be justified, it shall make the correction or give the interpretation within 30 days of receipt of the request. The interpretation shall form part of the arbitration award.
(b)
The arbitration tribunal may correct any error of the type referred to in subparagraph (a)(1)(A) of this Code section on its own initiative within 30 days of the date of the arbitration award.
(c)
Unless otherwise agreed by the parties, a party, with notice to the other party, may request, within 30 days of receipt of the arbitration award, the arbitration tribunal to make an additional award as to claims presented in the arbitration proceedings but omitted from the arbitration award. If the arbitration tribunal considers such request to be justified, it shall make the additional award within 60 days of receipt of the request.
(d)
The arbitration tribunal may extend, if necessary, the period of time within which it shall make a correction, interpretation, or an additional award under subsection (a) or (c) of this Code section.
(e)
The provisions of Code Section
9-9-53
shall apply to a correction or interpretation of the arbitration award or to an additional award.
Added by 2012 Ga. Laws 713,§ 1, eff. 7/1/2012.
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 2 - GEORGIA INTERNATIONAL COMMERCIAL ARBITRATION CODE (§§ 9-9-20 — 9-9-59) › Section 9-9-57 - Arbitration award recognized as binding; enforcement

(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 on an arbitration award or applying for its enforcement shall supply the original arbitration award or a copy thereof. The court may request the party to supply a translation of the arbitration award.
Added by 2012 Ga. Laws 713,§ 1, eff. 7/1/2012.
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 2 - GEORGIA INTERNATIONAL COMMERCIAL ARBITRATION CODE (§§ 9-9-20 — 9-9-59) › Section 9-9-58 - Grounds for refusing recognition or enforcement of arbitration award

(a)
Recognition or enforcement of an arbitration award, irrespective of the country in which it was made, may be refused only:
(1)
At the request of the party against whom it is invoked, if that party furnishes to the competent court where recognition or enforcement is sought proof that:
(A)
A party to the arbitration agreement referred to in Code Section
9-9-28
was under some incapacity; or the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the arbitration award was made;
(B)
The party against whom the arbitration award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his or her case;
(C)
The arbitration award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the arbitration award which contains decisions on matters submitted to arbitration may be recognized and enforced;
(D)
The composition of the arbitration tribunal or the arbitral procedure was not in accordance with the arbitration agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or
(E)
The arbitration award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, that arbitration award was made; or
(2)
If the court finds that:
(A)
The subject matter of the dispute is not capable of settlement by arbitration under the law of the United States; or
(B)
The recognition or enforcement of the arbitration award would be contrary to the public policy of the United States.
(b)
If an application for setting aside or suspension of an arbitration award has been made to a court referred to in subparagraph (a)(1)(E) of this Code section, the court where recognition or enforcement is sought may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the arbitration award, order the other party to provide appropriate security.
Added by 2012 Ga. Laws 713,§ 1, eff. 7/1/2012.
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 2 - GEORGIA INTERNATIONAL COMMERCIAL ARBITRATION CODE (§§ 9-9-20 — 9-9-59) › Section 9-9-59 - Appeal of final judgment

Any judgment considered a final judgment under this part may be appealed pursuant to Chapter 6 of Title 5.
Added by 2012 Ga. Laws 713,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-60 - "Medical malpractice claim" defined

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 person authorized by law to perform such service or by any person acting under the supervision and control of a lawfully authorized person; or
(2)
Care or service rendered by any public or private hospital, nursing home, clinic, hospital authority, facility, or institution, or by any officer, agent, or employee thereof acting within the scope of his employment.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-61 - Medical malpractice arbitration authorized

In addition to any other legal procedure for the resolution of medical malpractice claims, the parties to a medical malpractice claim may submit the claim for arbitration in accordance with this article.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-62 - Petition for arbitration; arbitration order and appointment of referee; conditions precedent to enforceability

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 article and for the appointment of a referee for the arbitration. If the judge determines that the claim is a medical malpractice claim subject to this article, within 30 days of the filing of the petition for such order he shall issue an order authorizing the arbitration and appointing a referee. However, no agreement to arbitrate shall be enforceable unless the agreement was made subsequent to the alleged malpractice and after a dispute or controversy has occurred and unless the claimant is represented by an attorney at law at the time the agreement is entered into.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-63 - Tolling of statute of limitations; when action permitted after filing of petition for arbitration

(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 has failed within the 30 days to issue an order authorizing arbitration as provided in Code Section
9-9-62
;
(2)
Sixty days after the issuance of the judge's order authorizing arbitration, when the parties or their representatives have failed by such time to sign the arbitration submission as provided in Code Section
9-9-65
; or
(3)
The date the arbitration submission is revoked as provided in Code Section
9-9-65
.
(b)
If any of the contingencies listed in subsection (a) of this Code section occur and if the statute of limitations has not yet run, the medical malpractice claim may be brought in any court of this state having jurisdiction.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-64 - Appointment of reporter; duties; compensation

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 arbitrated, except the arguments of counsel. All provisions relating to court reporter fees, compensation, contingent expenses, and travel allowance, as well as those relating to the furnishing of transcripts and the style and form of transcripts, shall be the same for reporters appointed to attend the arbitration panel proceedings as those applicable to reporters of the superior court of the county in which the arbitration was authorized.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-65 - Arbitration submission; irrevocability absent consent

(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;
(2)
An agreement as to the payment of the costs of the arbitration;
(3)
The procedure to be followed in the arbitration;
(4)
A list of the witnesses whose testimony the parties desire to present to the arbitrators;
(5)
The names of the arbitrators chosen by each party;
(6)
The time and place of meeting of the arbitrators; and
(7)
Any other matters that may be pertinent to the arbitration.
(b)
The submission shall be in writing and shall be signed by the parties or their representatives. When signed, the submission shall be irrevocable except by consent of all the parties.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-66 - Qualifications and status of referee

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-67 - Arbitrators - How chosen

(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 submission. The third arbitrator shall be chosen after the parties sign the submission provided in Code Section
9-9-65
and before arbitration begins.
(b)
If the arbitrators chosen by the parties are unable to agree upon the third arbitrator as provided in subsection (a) of this Code section, the judge authorizing the arbitration and appointing the referee or the judge's successor shall appoint the third arbitrator.
(c)
In cases involving a medical malpractice claim where there are multiple plaintiffs or defendants, there shall be only one arbitrator chosen by each side. The plaintiff parties shall have the right to choose one arbitrator and the defendant parties shall have the right to choose one arbitrator.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-68 - Arbitrators - How vacancy filled

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 parties shall choose another in his place. If the arbitrators chosen by the parties are unable to agree upon the third arbitrator, the third arbitrator shall be appointed as provided in subsection (b) of Code Section
9-9-67
. An arbitrator chosen pursuant to this Code section shall have all the powers of the original arbitrator.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-69 - Arbitrators - Oath and affidavit

(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 article shall sign the following affidavit before the selection is effective and before acting as an arbitrator:
"State of Georgia
__________________ County
I, __________________, first being duly sworn, make this affidavit:
I, __________________, agree to serve as arbitrator in the case of __________________ v. __________________ and will decide any issue put before me without favor or affection to any party and without prejudice for or against any party. I will follow and apply the law as given to me by the referee and will accept and abide by all decisions of the referee. I also agree not to discuss this case or any issue with any person except when all other arbitrators and the referee are present.
__________________, L. S."
Amended by 2023 Ga. Laws 353,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-70 - Postponement of arbitration

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 is not ready for trial at the time appointed for the hearing of the case and the party has previously required two or more postponements of the trial, the referee shall determine whether the arbitration panel shall nonetheless hear the case or whether another postponement shall be granted, the determination to be consistent with the ends of justice, considering all the circumstances of the case.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-71 - Adjournments by arbitrators; no meeting outside group

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 any issue except as a group and with the referee present.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-72 - Discovery

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-73 - Subpoena power of referee; compensation of witnesses

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. Subpoenas shall be served in the manner provided by law for the service of subpoenas in cases pending in the superior courts. Witnesses shall be entitled to the same compensation as witnesses in the superior courts, and the compensation may be collected in the same manner.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-74 - Powers of referee to compel production of documentary evidence

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 the production is required, such notice as is required in the superior courts for the production of papers.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-75 - Competency of witnesses

All persons who are competent as witnesses in the superior courts shall be competent in all cases before the arbitrators.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-76 - Rules governing examination of witnesses and admission of evidence

The examination of witnesses and the admission of evidence shall be governed by the rules applicable to the superior courts.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-77 - Administration of oaths by referee

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-78 - Findings by arbitrators; concurrence of two sufficient

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-79 - Copy of findings furnished parties; entry of original on court's minutes; effect and enforcement; clerk's fees

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 may be enforced in the same manner at any time after the adjournment of the court. For the entering of the findings upon the minutes of the court, the clerk shall be entitled to the same fees allowed by law for the entering of judgments in other cases, to be paid by the parties as provided in the submission.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-81 - Costs; how taxed

The arbitrators shall return in their award the costs of the case, which they shall tax against the parties in accordance with the submission.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-82 - Compensation of arbitrators and referee

The arbitrators and referee shall have such compensation for their services as may be agreed upon by the parties in the submission.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-83 - Civil and criminal immunity of arbitrators

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 9 - ARBITRATION (§§ 9-9-1 — 9-9-84) › Article 2 - MEDICAL MALPRACTICE (§§ 9-9-60 — 9-9-84) › Section 9-9-84 - [Repealed] Governor's Commission on Obstetrics

Repealed by Ga. L. 1990, p. 573, § 1, effective December 1, 1990.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 1 - GENERAL PROVISIONS (§§ 9-10-1 — 9-10-14) › Section 9-10-1 - Preference given to cases in which state is plaintiff

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 power vested in them by law to bring the cases to a speedy trial and, whenever required to do so by counsel for the state, shall take up the cases for trial and proceed to try the same, unless the defendant shows some good cause for continuance, when the case shall be continued to a future time in the same term, or to the next term, in the discretion of the court. Nothing in this Code section shall affect the right of the state to a continuance on a proper showing.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 1 - GENERAL PROVISIONS (§§ 9-10-1 — 9-10-14) › Section 9-10-2 - Actions against state void absent notice or waiver

Any verdict, decision, judgment, decree, order, ruling, or other judicial action by any court in this state in any matter in which this state or an official of this state in his official capacity is a party defendant, intervenor, respondent, appellee, or plaintiff in fi. fa. shall be void unless it affirmatively appears as a matter of record either:
(1)
That the Attorney General was given five days' advance written notice by the adverse party or his attorney of the time set for the particular trial, hearing, or other proceeding as a result of which the verdict, decision, judgment, decree, order, ruling, or other judicial action was entered;
(2)
That the Attorney General or an assistant attorney general was present in person at the trial, hearing, or other proceeding; or
(3)
That the Attorney General or an assistant attorney general has, in writing, waived the notice.
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 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 1 - GENERAL PROVISIONS (§§ 9-10-1 — 9-10-14) › Section 9-10-3 - Closed trials authorized in certain cases

During the trial in any court of any case in which the evidence is vulgar and obscene or relates to improper sexual acts and tends to debauch the morals of the young, the presiding judge shall have the right, in his discretion and on his own motion, or on motion of the plaintiff or the defendant or their attorneys, to hear and try the case after clearing the courtroom of all or any portion of the audience.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 1 - GENERAL PROVISIONS (§§ 9-10-1 — 9-10-14) › Section 9-10-4 - Trial of collateral issues

All collateral issues in the superior, state, or city courts, unless otherwise directed by law, shall be tried by jury.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 1 - GENERAL PROVISIONS (§§ 9-10-1 — 9-10-14) › Section 9-10-5 - Charges to be written out on request; exception; filing of written charges; copies

(a)
The judges of the superior, state, and city courts, when counsel for either party requests it before argument begins, shall write out their charges and read them to the jury; and it shall be error to give any other or additional charge than that so written and read; provided, however, that this Code section shall not apply when there is an official court reporter in attendance thereon who records the full charge of the trial judge in the case upon the direction of the court.
(b)
In any civil action, upon motion by a party, upon request by the jury, or sua sponte, a judge of a superior, state, or city court is authorized, but shall not be required, to reduce all of the charge to the jury to writing and send all of the charge so reduced to writing out with the jury during its deliberation.
(c)
Any charge reduced to writing under subsection (a) or (b) of this Code section shall be filed with the clerk of the court in which it was given and shall be accessible to all persons interested in it. The clerk shall give certified copies of the charge to any person applying therefor, upon payment of the usual fee.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 1 - GENERAL PROVISIONS (§§ 9-10-1 — 9-10-14) › Section 9-10-6 - Juror's private knowledge

A juror shall not act on his or her private knowledge respecting the facts, witnesses, or parties.
Amended by 2011 Ga. Laws 52,§; 9, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 1 - GENERAL PROVISIONS (§§ 9-10-1 — 9-10-14) › Section 9-10-7 - Expression by judge of opinion in case reversible error

It is error for any judge, during the progress of any case, or in his charge to the jury, to express or intimate his opinion as to what has or has not been proved. Should any judge violate this Code section, the violation shall be held by the Supreme Court or Court of Appeals to be error, the decision in the case shall be reversed, and a new trial shall be granted in the court below with such directions as the Supreme Court or the Court of Appeals may lawfully give.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 1 - GENERAL PROVISIONS (§§ 9-10-1 — 9-10-14) › Section 9-10-8 - Approval or disapproval of verdict by judge forbidden; discharge or commendation of jury for verdict not permitted; judge expressing approval or disapproval disqualified from presiding at new trial

(a)
No judge of any court shall either directly or indirectly express in open court his approval or disapproval of the verdict of any jury in any case tried before him, except as provided in this Code section; nor may the judge discharge any jury upon the ground that the verdict rendered in any case does not meet with his approval.
(b)
No judge of any court may commend or compliment a jury during the term of any court for discharging its duty if the commendation or compliment has the effect of approving a verdict.
(c)
If any judge of any court either directly or indirectly expresses in open court his approval or disapproval of the verdict of the jury in any case tried before him, he shall be disqualified from presiding in the case in the event a new trial is granted.
(d)
Nothing in this Code section shall have the effect of prohibiting a judge of any court from approving or disapproving the verdict of a jury in any case tried before him in hearing a motion for a new trial that comes on before him; however, the approval or disapproval on the hearing of a motion for new trial shall be expressed in the formal order of the judge in granting or overruling the motion and not otherwise.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 1 - GENERAL PROVISIONS (§§ 9-10-1 — 9-10-14) › Section 9-10-9 - [Repealed] Jurors' affidavits permitted to uphold but not impeach verdict

Repealed by 2011 Ga. Laws 52,§ 10, eff. 1/1/2013.
Reserved. Repealed by Ga. L. 2011, p. 99, § 10/HB 24, effective January 1, 2013.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 1 - GENERAL PROVISIONS (§§ 9-10-1 — 9-10-14) › Section 9-10-10 - Cash bonds permitted; docketing

(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 appropriate person, official, or other depository.
(b)
Any official or other person receiving any such bond shall give a receipt therefor and shall cause the fact of the receipt to be entered and recorded on the docket of the case in which it was given. If bond is given in a matter not appearing as a separate court case on a docket, a docket shall be prepared, maintained, and kept of all such transactions. The name and address of the person giving or making the bond, the date of the receipt of the bond, the name of the person receiving the bond, the amount of the bond, and a description of the cause for giving the bond, together with any and all other desirable information concerning the bond, shall be a part of the record in that separate docket.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 1 - GENERAL PROVISIONS (§§ 9-10-1 — 9-10-14) › Section 9-10-11 - When appearance bond not forfeited by failure to attend; setting aside forfeiture of appearance bond

(a)
No judgment decreeing the forfeiture of any appearance bond shall be rendered:
(1)
If it is shown to the satisfaction of the court by the sworn statement of a reputable physician that the principal in the bond was prevented from attending by some physical disability; or
(2)
If it is shown to the satisfaction of the court that the principal in the bond was prevented from attending because he was detained in a penal institution in another jurisdiction. A sworn affidavit of the warden or other responsible officer of the penal institution in which the principal is being detained shall be considered adequate proof of the principal's detention.
(b)
If adequate proof is furnished within 60 days of the forfeiture of an appearance bond that the principal failed to appear on the date of forfeiture for one of the reasons set forth in subsection (a) of this Code section, the forfeiture shall be set aside.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 1 - GENERAL PROVISIONS (§§ 9-10-1 — 9-10-14) › Section 9-10-12 - Certified mail equivalent to registered mail; sufficient compliance for notice by statutory overnight delivery

(a)
Whenever any law, statute, Code section, ordinance, rule, or regulation of this state or any officer, department, agency, municipality, or governmental subdivision thereof provides that a notice shall be given by "registered mail," the notice may be given by "certified mail."
(b)
Whenever any law, statute, Code section, ordinance, rule, or regulation of this state or any officer, department, agency, municipality, or governmental subdivision thereof provides that a notice may be given by "statutory overnight delivery," it shall be sufficient compliance if:
(1)
Such notice is delivered through the United States Postal Service or through a commercial firm which is regularly engaged in the business of document delivery or document and package delivery;
(2)
The terms of the sender's engagement of the services of the United States Postal Service or commercial firm call for the document to be delivered not later than the next business day following the day on which it is received for delivery by the United States Postal Service or the commercial firm; and
(3)
The sender receives from the United States Postal Service or the commercial firm a receipt acknowledging receipt of the document which receipt is signed by the addressee or an agent of the addressee.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 1 - GENERAL PROVISIONS (§§ 9-10-1 — 9-10-14) › Section 9-10-13 - Effect of judgment on party vouched into court

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.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 2 - VENUE (§§ 9-10-30 — 9-10-54) › Part 1 - GENERAL PROVISIONS (§§ 9-10-30 — 9-10-34) › Section 9-10-30 - Proceedings in equity generally; injunctions to stay pending litigation; divorce cases

All actions seeking equitable relief shall be filed in the county of the residence of one of the defendants against whom substantial relief is prayed, except in cases of injunctions to stay pending proceedings, when the action may be filed in the county where the proceedings are pending, provided no relief is prayed as to matters not included in such litigation, and except in divorce cases, venue in which is governed by Article VI, Section II, Paragraph I of the Constitution of this state.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 2 - VENUE (§§ 9-10-30 — 9-10-54) › Part 1 - GENERAL PROVISIONS (§§ 9-10-30 — 9-10-34) › Section 9-10-31 - Actions against certain codefendants residing in different counties; pleading requirements; application

(a)
The General Assembly finds that Paragraph IV of Section II of Article VI of the Georgia Constitution permits a trial and entry of judgment against a resident of Georgia in a county other than the county of the defendant's residence only if the Georgia resident defendant is a joint obligor, joint tort-feasor, joint promisor, copartner, or joint trespasser.
(b)
Subject to the provisions of Code Section
9-10-31.1
, joint tort-feasors, obligors, or promisors, or joint contractors or copartners, residing in different counties, may be subject to an action as such in the same action in any county in which one or more of the defendants reside.
(c)
In any action involving a medical malpractice claim as defined in Code Section
9-9-60
, a nonresident defendant may require that the case be transferred to the county of that defendant's residence if the tortious act upon which the medical malpractice claim is based occurred in the county of that defendant's residence.
(d)
If all defendants who reside in the county in which an action is pending are discharged from liability before or upon the return of a verdict by the jury or the court hearing the case without a jury, a nonresident defendant may require that the case be transferred to a county and court in which venue would otherwise be proper. If venue would be proper in more than one county, the plaintiff may elect from among the counties in which venue is proper the county and the court in which the action shall proceed.
(e)
Nothing in this Code section shall be deemed to alter or amend the pleading requirements of Chapter 11 of this title relating to the filing of complaints or answers.
Added by 2005 Ga. Laws 1,§ 2, eff. 2/16/2005.
Added by 2005 Ga. Laws 1,§ 2, eff. 2/16/2005.
Amended by 2001 Ga. Laws 2, § 9, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 2 - VENUE (§§ 9-10-30 — 9-10-54) › Part 1 - GENERAL PROVISIONS (§§ 9-10-30 — 9-10-34) › Section 9-10-31.1 - Forums outside this state; waiver of statute of limitations defense

(a)
If a court of this state, on written motion of a party, finds that in the interest of justice and for the convenience of the parties and witnesses a claim or action would be more properly heard in a forum outside this state or in a different county of proper venue within this state, the court shall decline to adjudicate the matter under the doctrine of forum non conveniens. As to a claim or action that would be more properly heard in a forum outside this state, the court shall dismiss the claim or action. As to a claim or action that would be more properly heard in a different county of proper venue within this state, the venue shall be transferred to the appropriate county. In determining whether to grant a motion to dismiss an action or to transfer venue under the doctrine of forum non conveniens, the court shall give consideration to the following factors:
(1)
Relative ease of access to sources of proof;
(2)
Availability and cost of compulsory process for attendance of unwilling witnesses;
(3)
Possibility of viewing of the premises, if viewing would be appropriate to the action;
(4)
Unnecessary expense or trouble to the defendant not necessary to the plaintiff's own right to pursue his or her remedy;
(5)
Administrative difficulties for the forum courts;
(6)
Existence of local interests in deciding the case locally; and
(7)
The traditional deference given to a plaintiff's choice of forum.
(b)
A court may not dismiss a claim under this Code section until the defendant files with the court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff, all the defendants waive the right to assert a statute of limitations defense in all other states of the United States in which the claim was not barred by limitations at the time the claim was filed in this state as necessary to effect a tolling of the limitations periods in those states beginning on the date the claim was filed in this state and ending on the date the claim is dismissed.
Added by 2005 Ga. Laws 1,§ 2, eff. 2/16/2005.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 2 - VENUE (§§ 9-10-30 — 9-10-54) › Part 1 - GENERAL PROVISIONS (§§ 9-10-30 — 9-10-34) › Section 9-10-32 - Action against maker and endorser residing in different counties

Where the maker and endorser of a promissory note who reside in different counties are subjected to an action in the county where the maker resides, as provided by Article VI, Section II, Paragraph V of the Constitution of this state, service of a copy of the original pleading and process on the endorser, as provided in the case of joint obligors and promisors, shall be deemed sufficient.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 2 - VENUE (§§ 9-10-30 — 9-10-54) › Part 1 - GENERAL PROVISIONS (§§ 9-10-30 — 9-10-34) › Section 9-10-33 - Action against nonresident found in state

A person who is not a citizen of this state, passing through or sojourning temporarily in the state, may be subject to an action in any county thereof in which he may be found at the time when the action is brought.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 2 - VENUE (§§ 9-10-30 — 9-10-54) › Part 1 - GENERAL PROVISIONS (§§ 9-10-30 — 9-10-34) › Section 9-10-34 - Action against third-party defendant

(a)
As used in this Code section, the term:
(1)
"Defending party" means a party to a civil action who is:
(A)
A defendant who contends that a person or entity not a party to the action is or may be liable to the defendant for all or part of a plaintiff's claim against the defendant;
(B)
A plaintiff who contends that a person or entity not a party to the action is or may be liable to the plaintiff for all or part of another party's claim against the plaintiff; or
(C)
A third-party defendant who contends that a person or entity not a party to the action is or may be liable to the third-party defendant for all or part of a claim made in the action against the third-party defendant.
(2)
"Third-party defendant" means any person or entity whom a defending party contends may be liable to the defending party for all or part of the claim made against the defending party in the action.
(b)
The claim of a defending party against a third-party defendant may be tried in the county where the action in which the claim for which the third-party defendant may be wholly or partially liable to the defending party is pending; and such claim may be tried in such county even though the third-party defendant is not a resident of such county.
(c)
The venue established under this Code section against a third-party defendant is dependent upon the venue over the defending party who brought the third-party defendant into the action, and if venue is lost over said defending party, whether through dismissal or otherwise, venue shall likewise be lost as to the third-party defendant.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 2 - VENUE (§§ 9-10-30 — 9-10-54) › Part 2 - CHANGE OF VENUE (§§ 9-10-50 — 9-10-54) › Section 9-10-50 - When venue may be changed; how county for transfer to be selected; subsequent change of venue

(a)
Whenever, by an examination voir dire of the persons whose names are on the jury list and who are compellable to serve on the jury, the presiding judge is satisfied that an impartial jury cannot be obtained in the county where any civil case is pending, the civil case may be transferred to any county that may be agreed upon by the parties or their counsel.
(b)
In the event the parties or their counsel fail or refuse to agree upon any county in which to try the case pending, the judge may select the county in which the same shall be tried and have the case transferred accordingly.
(c)
When any civil case has been once transferred, the judge may again change the venue from the county to which the transfer was first made to any other county, in the same manner as the venue was first changed from the county in which the civil case was originally commenced.
2023 CODE OF GEORGIA › Title 9 - CIVIL PRACTICE (§§ 9-1-1 — 9-17-14) › Chapter 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY (§§ 9-10-1 — 9-10-204) › Article 2 - VENUE (§§ 9-10-30 — 9-10-54) › Part 2 - CHANGE OF VENUE (§§ 9-10-50 — 9-10-54) › Section 9-10-51 - Change of venue in action by county against county

In all actions brought by one county against another county in the defending county, the judge shall change the venue to a county adjoining the one in which the action is brought, on the motion of the plaintiff, supported by the oath of the chairman or presiding official of the county governing authority of the county bringing the action, that in his opinion a fair and impartial trial cannot be had in the county in which the action is brought.