The referee shall have all the powers of the superior courts to compel parties to produce books and all other papers which may be deemed necessary and proper for the investigation of the matters submitted to arbitration, giving to the party, his agent, or his attorney, from whom the production is required, such notice as is required in the superior courts for the production of papers.
§ 9-9-74.Powers of referee to compel production of documentary evidence
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 force parties to produce books and other papers needed to investigate the matters submitted to arbitration, so long as the party, agent, or attorney from whom production is sought receives the same notice the superior courts require for document production.
Full Text of § 9-9-74
Plain-English Summary
Where Code Section 9-9-73 gives the referee compulsory power over witnesses, this section gives the referee the same power over documents. Medical charts, hospital records, and other papers deemed necessary and proper for investigating the claim can be ordered produced, using the same authority a superior court judge has.
That power comes with a safeguard: the party, agent, or attorney being asked to produce the documents has to receive the same notice the superior courts require before ordering production. Nothing here lets the referee ambush a party with a surprise document demand — the notice rules track ordinary civil practice, consistent with the broader discovery rights Code Section 9-9-72 already extends to the arbitration.
Frequently Asked Questions
Can the referee compel a party to produce documents for the arbitration?
Yes, the referee has all the powers of the superior courts to compel production of books and other papers.
What must the documents be needed for?
They must be deemed necessary and proper for investigating the matters submitted to arbitration.
Who might be ordered to produce documents?
The party, or the party’s agent or attorney.
What notice must be given before compelling production?
The same notice required in the superior courts for the production of papers.
Does this power go beyond what a court could order in an ordinary civil case?
No, it mirrors the superior courts’ own document-production powers and notice requirements.
Amendment History
Code 1933, § 7-415, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-124; Code 1981, § 9-9-74, 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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