Except by the written consent of all parties, the auditor shall not hear evidence or argument outside the county in which the case is proceeding. He shall give both parties or their counsel reasonable notice of the time and place of hearing and shall be sworn to render a true report according to the law and the evidence without favor or affection to either party.
§ 9-7-5.Where hearing held; notice of hearing; auditor’s oath
Chapter 7. Auditors · Last amended 1933 · Last verified July 17, 2026
In one sentenceConfines an auditor’s hearings to the county where the case is pending unless every party consents in writing to hold them elsewhere, and requires the auditor to give both sides reasonable notice of the hearing and to swear an oath to report the truth without favoring either party.
Full Text of § 9-7-5
Plain-English Summary
This section keeps auditor hearings close to home. Absent the written consent of all parties, the auditor cannot hear evidence or argument outside the county where the case is proceeding — a venue rule that spares parties and witnesses from being dragged to unfamiliar courthouses. The only way around it is unanimous written consent, not a majority or a single party’s request.
The auditor also owes both sides reasonable notice of when and where the hearing will happen, giving both parties or their counsel a fair chance to prepare and appear.
Before taking up the matter, the auditor must be sworn — committing under oath to render a true report according to the law and the evidence, without favor or affection to either party. That oath echoes the neutrality expected of a judge or juror, underscoring that the auditor’s role carries real judicial weight even though the auditor is not a judge.
Frequently Asked Questions
Can an auditor hold a hearing outside the county where the case is pending?
Only with the written consent of all parties.
What kind of notice must the auditor give before a hearing?
Reasonable notice of the time and place of hearing, given to both parties or their counsel.
What does the auditor swear to when taking the oath?
To render a true report according to the law and the evidence, without favor or affection to either party.
Who must consent to move a hearing outside the county?
All parties, and that consent must be in writing.
Does this section state a consequence if the auditor fails to give proper notice?
No, the text imposes the notice obligation but does not spell out a remedy for a failure to give it.
Amendment History
Ga. L. 1894, p. 123, § 4; Civil Code 1895, § 4584; Civil Code 1910, § 5130; Code 1933, § 10-104.
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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