All persons who are competent as witnesses in the superior courts shall be competent in all cases before the arbitrators.
§ 9-9-75.Competency of witnesses
Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026
In one sentenceProvides that anyone competent to testify as a witness in the superior courts is likewise competent to testify in a medical malpractice arbitration, so the arbitration applies the same witness-competency standard used in ordinary civil litigation rather than a separate or relaxed rule.
Full Text of § 9-9-75
Plain-English Summary
Competency asks whether a person is qualified to take the stand at all, apart from whether the fact finder ultimately believes them. This section answers that question by borrowing wholesale from superior court practice: whoever is competent as a witness in the superior courts is competent before the arbitrators, without exception or modification.
Keeping this rule identical to courtroom practice matters for consistency. Testimony developed at the arbitration hearing follows the same threshold rules it would follow at trial, which helps the record hold up if the findings are later appealed to a superior court under Code Section 9-9-80.
Frequently Asked Questions
What standard determines whether a witness can testify at the arbitration?
The same standard used to determine competency as a witness in the superior courts.
Does the arbitration use a looser witness standard than a courtroom would?
No, the same competency rules apply in both settings.
Does this section change who may testify compared to a civil trial?
No, it keeps the competency standard identical to what applies in the superior courts.
Does this section address how witnesses get examined once they’re found competent?
No, that’s covered separately by Code Section 9-9-76, which applies superior court rules to examination of witnesses and admission of evidence.
Why tie arbitration witness rules to superior court rules?
To keep the arbitration’s fact-finding on the same footing as a courtroom trial, since the evidence gathered may later matter on appeal.
Amendment History
Code 1933, § 7-416, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-125; Code 1981, § 9-9-75, 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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