(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.
§ 9-7-19.When new testimony considered; application; notice; rights of opposite party
Chapter 7. Auditors · Last amended 1933 · Last verified July 17, 2026
In one sentenceBars new testimony at the trial of exceptions unless it would qualify as newly discovered evidence under new-trial standards, requires a party who wants to introduce it to apply to the judge beforehand describing the expected testimony, and gives the opposing party notice, a continuance, and a right to rebut.
Full Text of § 9-7-19
(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.
Plain-English Summary
This section keeps the trial of exceptions from becoming a venue for evidence that should have surfaced before the auditor. No new testimony is allowed, except in those cases where, according to the principles of law, a new trial would be granted for newly discovered evidence — the same demanding standard courts apply when a losing party asks to reopen a case after judgment.
A party who wants to use such evidence has to ask first. The application goes to the judge before the argument on the exceptions, if the evidence is known by then, and it must include a statement from the party and the attorney setting out the expected testimony and the facts that qualify it as newly discovered.
The opposing party isn’t left in the dark. That party is served with notice of the application and, if the judge admits the evidence, is entitled to a continuance and to introduce original testimony at trial to rebut the newly discovered evidence.
Frequently Asked Questions
Can a party introduce brand-new testimony at the trial of exceptions?
Only if it would qualify as newly discovered evidence under the principles that would justify a new trial.
When must a party apply to introduce newly discovered evidence?
Before the argument on the exceptions, if the evidence is then known.
What must the application to introduce newly discovered evidence include?
A statement of the party and the attorney setting out the expected testimony and the facts authorizing it to be admitted as newly discovered evidence.
Does the opposing party get notice of the application?
Yes — the opposite party is served with notice of the application.
What can the opposing party do if the newly discovered evidence is admitted?
Obtain a continuance, and at trial introduce original testimony in rebuttal of the newly discovered evidence.
Amendment History
Ga. L. 1894, p. 123, § 19; Civil Code 1895, § 4599; Civil Code 1910, § 5145; Code 1933, § 10-405.
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: newly discovered evidence auditor exceptions georgianew testimony at auditor trial georgiacontinuance for new evidence auditor georgiarebuttal evidence auditor exceptions georgia