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§ 9-9-76.Rules governing examination of witnesses and admission of evidence

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

In one sentenceDirects that the examination of witnesses and the admission of evidence at a medical malpractice arbitration follow the same rules that apply in the superior courts, so the hearing runs on standard courtroom evidentiary procedure rather than a relaxed or arbitration-specific standard.

Full Text of § 9-9-76

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The examination of witnesses and the admission of evidence shall be governed by the rules applicable to the superior courts.

Plain-English Summary

Alongside the competency rule in Code Section 9-9-75, this section anchors the rest of the arbitration’s evidentiary framework to superior court practice. How a witness gets examined and cross-examined, and whether a given piece of evidence comes in, follow the rules that would govern in a superior court trial.

For lawyers handling the arbitration, that means no separate evidentiary code to learn — objections, foundation, and admissibility questions play out under familiar courtroom rules. It also means the referee, who administers procedural matters under later sections of this article, has an established body of law to draw on when ruling on evidentiary disputes during the hearing.

Frequently Asked Questions

What rules govern how witnesses get examined during the arbitration?

The rules applicable to the superior courts.

What rules govern whether evidence is admitted?

The rules applicable to the superior courts, the same as for witness examination.

Does the arbitration panel use a simplified evidence standard?

No, it borrows the superior courts’ evidentiary rules in full.

Does this section name who applies these evidence rules during the hearing?

No, it identifies which body of rules governs without naming who administers them at the hearing.

How does this section relate to witness competency under Code Section 9-9-75?

Together they anchor the arbitration’s evidentiary framework to superior court practice — one governs who may testify, the other governs how testimony and evidence are handled.

Amendment History

Code 1933, § 7-417, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-126; Code 1981, § 9-9-76, 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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