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§ 9-7-12.Report prima facie true

Chapter 7. Auditors · Last amended 1933 · Last verified July 17, 2026

In one sentenceEstablishes that an auditor’s report is presumed true once filed, shifting the burden onto whichever party wants to challenge a finding by filing exceptions rather than requiring the report’s proponent to defend it as accurate from the outset.

Full Text of § 9-7-12

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The report of the auditor shall be prima facie the truth, either party having the liberty to except thereto.

Plain-English Summary

This section sets the default weight an auditor’s report carries. Once filed, the report is prima facie the truth — presumed accurate unless and until someone successfully challenges it. That default favors the auditor’s findings rather than treating them as one side’s argument to be proven.

The presumption is not absolute. The section preserves “either party” — winner and loser alike — the liberty to except to the report, opening the door to the review process the rest of this chapter builds out: recommitment, exceptions of law and fact, and ultimately a court’s judgment.

Placing the report on solid footing this way also shapes what comes next. Because the report starts out presumed true, the party who disagrees with it carries the burden of proving it wrong once exceptions are filed and tried, a principle spelled out explicitly in 9-7-17.

Frequently Asked Questions

What does it mean for a report to be “prima facie true”?

The report is presumed accurate unless and until it is successfully challenged.

Who can challenge the auditor’s report?

Either party.

How does a party challenge the report?

By filing exceptions to it.

Does this section address what happens if no one excepts to the report?

Not directly — but 9-7-21 provides that the court frames judgment on a report that is not excepted to.

Can the party who benefits from the report still file exceptions to part of it?

Yes — the text gives “either party” the liberty to except, not only the party a particular finding disfavors.

Amendment History

Ga. L. 1894, p. 123, § 3; Ga. L. 1895, p. 47, § 1; Civil Code 1895, § 4581; Civil Code 1910, § 5127; Code 1933, § 10-101.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
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