In all cases, unless modified by the order of appointment, in addition to the matter specially referred, the auditor shall have power to hear motions, allow amendments, and pass upon all questions of law and fact. He shall have power to subpoena and swear witnesses and compel the production of papers.
§ 9-7-6.Powers of auditor generally
Chapter 7. Auditors · Last amended 1933 · Last verified July 17, 2026
In one sentenceGrants an auditor sweeping quasi-judicial authority beyond the specific matter referred — the power to hear motions, allow amendments, rule on every question of law and fact, subpoena and swear witnesses, and compel production of documents — unless modified by the order of appointment.
Full Text of § 9-7-6
Plain-English Summary
Once a case reaches an auditor, this section hands over authority that goes well past the narrow question that triggered the referral. Unless the order of appointment says otherwise, the auditor can hear motions, allow amendments, and pass on every question of law and fact arising during the reference — not just the accounting or factual issue the judge specifically sent over.
The auditor also gets the investigative tools a judge would use at trial: the power to subpoena and swear witnesses and to compel the production of papers. That authority is what makes the office more than a bookkeeper reviewing figures — the auditor runs something close to a self-contained trial within the larger case.
One power is conspicuously absent from this list. The auditor cannot punish anyone who defies these powers; contempt is routed back to the appointing judge, as the next section spells out.
Frequently Asked Questions
Can a court limit an auditor’s powers?
Yes — the powers described apply “unless modified by the order of appointment.”
Can an auditor rule on issues beyond the specific matter referred?
Yes, the auditor has power to hear motions, allow amendments, and pass upon all questions of law and fact, in addition to the matter specially referred.
Can an auditor force a witness to testify or produce documents?
Yes — the auditor has power to subpoena and swear witnesses and to compel the production of papers.
Can an auditor allow a party to amend its pleadings?
Yes, the text lists the power to “allow amendments” among the auditor’s general powers.
Can the auditor punish someone who defies these powers?
No — this section does not grant contempt power; contempt is referred to the superior court under 9-7-7.
Amendment History
Ga. L. 1894, p. 123, § 3; Civil Code 1895, § 4583; Civil Code 1910, § 5129; Code 1933, § 10-103.
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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