(a) The fees of an auditor to whom a case, whether legal or equitable, has been referred shall be determined and fixed by the trial judge making the referral or by any other judge having jurisdiction of the case and serving in the place and stead of the trial judge. The fees so determined and fixed may be apportioned between and among the parties at the discretion of the judge.
§ 9-7-22.Auditor’s fees
Chapter 7. Auditors · Last amended 1988 · Last verified July 17, 2026
In one sentencePuts the trial judge, or a substitute judge with jurisdiction, in charge of setting and apportioning an auditor’s fees among the parties, lets the parties agree on fees in advance in the appointment order, and makes those fees part of the judgment, payable as court costs before an appeal or within 30 days of assessment.
Full Text of § 9-7-22
(b) The court with consent of the parties may fix the fees of the auditor in advance and incorporate the same in the order making the appointment.
(c) The fees of an auditor, as determined and fixed by the judge, shall be included in and made a part of the judgment of the court. The fees of the auditor shall be assessed as court costs and shall be paid prior to the filing of any appeal from the judgment of the court; provided, however, that if such fees have not been determined and assessed at the time of filing any such appeal, the same shall be paid within 30 days from the date of assessment.
Plain-English Summary
This section handles how an auditor gets paid. Subsection (a) puts the trial judge who made the referral — or any other judge with jurisdiction over the case, standing in for that judge — in charge of determining and fixing the fee, whether the case was legal or equitable. The judge also has discretion to apportion those fees between and among the parties, so cost allocation isn’t automatic.
Subsection (b) offers a shortcut: with the consent of the parties, the court can fix the auditor’s fee in advance and fold it into the order making the appointment, pairing naturally with the agreed-appointment mechanism in 9-7-4.
Subsection (c) treats the fee as part of the judgment itself, assessed as court costs. Ordinarily those fees must be paid before a party files an appeal from the judgment; but if the fees haven’t yet been determined and assessed by the time the appeal is filed, the party instead has 30 days from the date of assessment to pay.
Frequently Asked Questions
Who sets an auditor’s fees?
The trial judge making the referral, or any other judge with jurisdiction over the case serving in the place and stead of the trial judge.
Can the auditor’s fees be split between the parties?
Yes — the fees may be apportioned between and among the parties at the judge’s discretion.
Can the parties agree on the auditor’s fee before the work begins?
Yes — with the consent of the parties, the court may fix the fee in advance and incorporate it in the order making the appointment.
Are auditor’s fees treated as part of the court costs?
Yes — they are included in and made a part of the judgment and assessed as court costs.
When must auditor’s fees be paid if a party files an appeal?
Generally before the appeal is filed; but if the fees haven’t been determined and assessed by then, within 30 days from the date of assessment.
Amendment History
Ga. L. 1894, p. 123, § 22; Civil Code 1895, §§ 4602, 4603; Civil Code 1910, §§ 5148, 5149; Code 1933, §§ 10-501, 10-502; Ga. L. 1963, p. 620, § 1; Ga. L. 1982, p. 3, § 9; Ga. L. 1988, p. 408, § 1.
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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