The referee shall have all the powers of the superior courts to compel the attendance of witnesses before the arbitrators, to compel witnesses to testify, and to issue subpoenas requiring the attendance of witnesses at the time and place of the meeting of the arbitrators. Subpoenas shall be served in the manner provided by law for the service of subpoenas in cases pending in the superior courts. Witnesses shall be entitled to the same compensation as witnesses in the superior courts, and the compensation may be collected in the same manner.
§ 9-9-73.Subpoena power of referee; compensation of witnesses
Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026
In one sentenceGives the referee the same superior court authority to compel witnesses to attend and testify before the arbitrators and to issue subpoenas, requires those subpoenas to be served the way superior court subpoenas are served, and entitles witnesses to the same compensation as superior court witnesses, collectible the same way.
Full Text of § 9-9-73
Plain-English Summary
Discovery rights mean little without a way to enforce them, and this section supplies that force. The referee holds the same power a superior court judge holds to compel a witness to show up and testify before the arbitrators, and to issue subpoenas requiring attendance at the time and place the panel meets.
Service of those subpoenas follows the same rules as service of subpoenas in a pending superior court case — no separate arbitration-specific procedure to learn. Witnesses also get paid the same compensation they’d receive for appearing in superior court, and that compensation can be collected the same way, giving witness fees in arbitration the same weight as fees owed in ordinary litigation.
Frequently Asked Questions
Can the referee force a reluctant witness to testify at the arbitration?
Yes, the referee has all the powers of the superior courts to compel witnesses to attend and to testify.
How are arbitration subpoenas served?
In the manner provided by law for service of subpoenas in cases pending in the superior courts.
Are witnesses paid for appearing at the arbitration?
Yes, they are entitled to the same compensation as witnesses in the superior courts.
How can a witness collect the compensation owed?
In the same manner that superior court witness compensation may be collected.
Who holds the subpoena power in this arbitration, the arbitrators or the referee?
The referee.
Amendment History
Code 1933, § 7-414, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-123; Code 1981, § 9-9-73, 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
Also known as: referee subpoena power georgia arbitrationwitness compensation medical malpractice arbitration georgiacompel witness testimony arbitration georgiasubpoena service arbitration panel georgia