When, upon the meeting of the arbitrators, either party is not ready for trial, the referee may postpone the hearing of the case to a future day, which day shall be as early as may be consistent with the ends of justice, considering all the circumstances of the case. If one party is not ready for trial at the time appointed for the hearing of the case and the party has previously required two or more postponements of the trial, the referee shall determine whether the arbitration panel shall nonetheless hear the case or whether another postponement shall be granted, the determination to be consistent with the ends of justice, considering all the circumstances of the case.
§ 9-9-70.Postponement of arbitration
Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026
In one sentenceLets the referee postpone the arbitration hearing to a later date, chosen with an eye toward justice, whenever a party isn’t ready for trial, but gives the referee discretion — once a party has already used up two or more postponements — to decide whether to press ahead anyway or grant still another delay.
Full Text of § 9-9-70
Plain-English Summary
If either party shows up unready when the arbitrators meet, the referee can push the hearing to a later day. The statute doesn’t hand out an open-ended delay, though — the new date has to be as early as the ends of justice allow, given the circumstances of the case.
There’s a check on parties who keep asking for more time. Once a party has already required two or more postponements, the referee has to weigh whether fairness now favors going forward with the hearing despite that party’s lack of readiness, or granting one more delay. Either way, the referee’s call still has to track the ends of justice under the circumstances.
Frequently Asked Questions
What can the referee do if a party isn’t ready when the arbitrators meet?
Postpone the hearing of the case to a future day.
What standard guides how far out the referee can postpone the hearing?
As early as may be consistent with the ends of justice, considering all the circumstances of the case.
What happens if a party has already gotten two or more postponements?
The referee determines whether the arbitration panel should hear the case anyway or grant another postponement, consistent with the ends of justice.
Who decides whether to grant a postponement?
The referee.
Does the statute cap the number of postponements a party can receive?
No specific number is stated as a cap; the referee has discretion, though that discretion shifts once a party has already had two or more postponements.
Amendment History
Code 1933, § 7-411, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-120; Code 1981, § 9-9-70, as redesignated by Ga. L. 1988, p. 903, § 3.
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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