(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.
§ 9-7-13.When report recommitted
Chapter 7. Auditors · Last amended 1933 · Last verified July 17, 2026
In one sentenceLets the judge send an auditor’s report back for further work when it is indefinite, incomplete, miscalculated, missing evidence, or legally mistaken, and, if a full new hearing is ordered, allows the parties to agree on which parts of the original report can stand instead of starting over.
Full Text of § 9-7-13
(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.
Plain-English Summary
Not every auditor’s report is ready for judgment on first filing. This section gives the judge a quality-control tool: recommitment. For indefiniteness, omissions, errors of calculation, failure to report evidence, errors of law, or other proper cause, the judge can send the report back to the auditor for further action.
Recommitment does not necessarily mean starting from zero. Subsection (b) lets the judge confine the do-over to the specific issues named in the recommitment order, keeping the redo focused rather than reopening the entire case.
When the judge does order the evidence taken de novo — a full fresh hearing — the parties get a shortcut of their own. They may agree on what portion of the original report to retain in lieu of reintroducing that evidence, sparing everyone from repeating work no one disputes in the first place.
Frequently Asked Questions
What kinds of problems can lead a judge to recommit an auditor’s report?
Indefiniteness, omissions, errors of calculation, failure to report evidence, errors of law, or other proper cause.
What can the judge order the auditor to do on recommitment?
Such further action as may be proper.
Does recommitment always mean starting the hearing over completely?
No — the judge can confine the evidence to such issues as the recommitment order indicates.
What happens if the judge orders the evidence taken de novo?
The parties may agree as to what portion of the original report shall be retained in lieu of reintroduction.
Who decides whether a report should be recommitted?
The judge.
Amendment History
Ga. L. 1894, p. 123, § 13; Civil Code 1895, § 4593; Civil Code 1910, § 5139; Code 1933, § 10-305.
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
Also known as: recommitting auditor report georgiaauditor report errors georgiade novo auditor hearing georgiasending auditor report back for correction