§ 9-7-4.Appointment of person agreed on
Chapter 7. Auditors · Last amended 1933 · Last verified July 17, 2026
Full Text of § 9-7-4
Plain-English Summary
This section hands parties a way to bypass the judge’s ordinary discretion over who serves as auditor. If both sides agree on a candidate, the court “shall appoint” that person — mandatory language that stands in contrast to the discretionary “may” that governs appointment elsewhere in this chapter.
The provision rewards parties who negotiate toward a mutually acceptable auditor, perhaps someone both sides trust or someone with relevant subject-matter background, rather than leaving the choice entirely to the judge. It applies broadly, “in all cases” where such an agreement exists.
This mandatory-appointment rule pairs naturally with the fee provisions later in the chapter: parties who agree on a person can likewise agree on that person’s compensation in advance, folding both terms into the same appointment order.
Frequently Asked Questions
What happens if both parties agree on who should be appointed auditor?
The court shall appoint that person — the text uses mandatory language rather than leaving the choice to the court’s discretion.
Can the judge reject the parties’ agreed choice of auditor?
The text directs that the court “shall appoint” the agreed person, framing it as a duty rather than a discretionary choice.
Does this section require the parties to agree on an auditor?
No — it applies only in cases where the parties do agree; absent agreement, appointment follows the processes in 9-7-2 and 9-7-3.
Does this section also let parties agree on the auditor’s fee?
This section addresses only who is appointed; agreeing on fees in advance is addressed separately in 9-7-22(b).
Does this section apply to every kind of case covered by this chapter?
The text says “in all cases where the parties agree upon the person,” so it applies broadly whenever such an agreement exists.
Amendment History
Ga. L. 1894, p. 123, § 23; Civil Code 1895, § 4603; Civil Code 1910, § 5147; Code 1933, § 10-502.