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.
§ 9-7-18.Trial on the record; what additional evidence introduced; what evidence excluded
Chapter 7. Auditors · Last amended 1933 · Last verified July 17, 2026
In one sentenceConfines the jury trial of factual exceptions to the testimony the auditor reported, limiting the jury to material and pertinent portions plus any admissible evidence that was introduced but not reported or improperly excluded, while keeping every inadmissible item out of the jury’s consideration entirely.
Full Text of § 9-7-18
Plain-English Summary
Trying exceptions of fact is not a fresh trial built around new witnesses. This section anchors that trial to the testimony the auditor already reported, and even then, only so much of that evidence as is material and pertinent to the issue on trial gets read to the jury — keeping the proceeding focused rather than repeating the entire auditor’s hearing.
Two categories fill in the gaps the auditor’s report might have left. Admissible material evidence that was introduced before the auditor but never made it into the report still reaches the jury, as does evidence the auditor improperly excluded. Both corrections let a party fix an error in how the auditor handled the evidence without starting over.
Inadmissible evidence gets no such second chance — it stays excluded from the jury’s consideration altogether. That distinction connects back to 9-7-10, which requires the auditor to report even evidence ruled inadmissible in the first place, since that reporting is what lets a party show later that the evidence should have come in.
Frequently Asked Questions
What evidence does the jury consider when trying exceptions of fact?
The testimony reported by the auditor.
Does the jury hear every piece of evidence the auditor reported?
No — only so much of the evidence as is material and pertinent to the issue then on trial is read to the jury.
What happens to admissible evidence that was introduced before the auditor but never reported?
It is submitted to the jury along with the reported testimony.
What happens to evidence the auditor improperly excluded?
It, too, is submitted to the jury.
Does inadmissible evidence ever reach the jury under this section?
No — all inadmissible evidence is excluded from the jury’s consideration.
Amendment History
Ga. L. 1894, p. 123, §§ 18, 20; Civil Code 1895, §§ 4598, 4600; Civil Code 1910, §§ 5144, 5146; Code 1933, §§ 10-404, 10-406.
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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