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§ 9-9-71.Adjournments by arbitrators; no meeting outside group

Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026

In one sentenceAllows the arbitrators, once they begin investigating a case, to adjourn from day to day or for longer stretches until they finish their work and reach an award, while forbidding them from meeting or discussing the case or any issue in it except together as a group with the referee present.

Full Text of § 9-9-71

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After the arbitrators have commenced their investigations, they may adjourn from day to day or for a longer time, if the ends of justice require it, until their investigations are completed and they have made up their award. The arbitrators shall not meet or discuss the case or any issue except as a group and with the referee present.

Plain-English Summary

Once the arbitrators start their investigation, this section lets them break and reconvene as needed — day to day, or for a longer stretch — for as long as the ends of justice call for it, until they’ve completed the investigation and reached their award. That’s a different kind of pause than the postponement Code Section 9-9-70 covers before the hearing even starts; this one governs recesses in the middle of the process.

The section also draws a hard line around how the arbitrators may talk about the case. They can’t meet in twos, skip a member, or exclude the referee — any discussion of the case or any issue in it has to happen as a full group with the referee present. That rule reinforces the confidentiality promise each arbitrator already made in the affidavit required by Code Section 9-9-69, and it guards against one arbitrator being worked on privately outside the hearing.

Frequently Asked Questions

Can arbitrators pause proceedings once they’ve begun investigating?

Yes, they may adjourn from day to day or for a longer time if the ends of justice require it.

Until when can the arbitrators keep adjourning?

Until their investigations are completed and they have made up their award.

Can two of the three arbitrators discuss the case privately, without the third?

No, the arbitrators may not meet or discuss the case except as a group.

Does the referee have to be present when the arbitrators discuss the case?

Yes, discussion is limited to meetings held as a group and with the referee present.

What guards against one arbitrator being pressured outside the hearing?

The requirement that any discussion of the case happen only as a group with the referee present, not through side conversations.

Amendment History

Code 1933, § 7-412, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-121; Code 1981, § 9-9-71, 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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