The referee shall have power to administer oaths to witnesses and to administer all other oaths that may be necessary for carrying this article into full effect.
§ 9-9-77.Administration of oaths by referee
Chapter 9. Arbitration · Article 2. Medical Malpractice · Last amended 1988 · Last verified July 17, 2026
In one sentenceEmpowers the referee to administer oaths to witnesses appearing before the arbitration panel and to administer any other oath needed to carry the medical malpractice arbitration article into full effect, including the arbitrators’ own oath of impartiality required under Code Section 9-9-69.
Full Text of § 9-9-77
Plain-English Summary
This section gives the referee broad oath-administering authority. The most obvious use is swearing in witnesses before they testify at the hearing, but the language reaches further — the referee can administer any other oath necessary to carry the article into full effect.
That broader authority is what lets the referee handle the arbitrators’ own oath of impartiality required under Code Section 9-9-69(a). Rather than needing a separate court official for that step, the referee’s general oath power covers it, tying together the referee’s procedural role with the compulsory powers granted under Code Sections 9-9-73 and 9-9-74.
Frequently Asked Questions
Can the referee swear in witnesses before they testify?
Yes, the referee has power to administer oaths to witnesses.
Is the referee’s oath power limited to witnesses?
No, it extends to all other oaths necessary for carrying the article into full effect.
Does this power connect to the arbitrators’ oath requirement elsewhere in the article?
Yes, Code Section 9-9-69 requires the referee to swear in the arbitrators, and this section’s general oath power supports that duty.
Who holds oath-administering authority at the arbitration, the arbitrators or the referee?
The referee.
Why would the article need a general oath power beyond witness oaths?
So the referee can handle any additional oath the arbitration process requires, such as the arbitrators’ own oath, without bringing in a separate court official.
Amendment History
Code 1933, § 7-418, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-127; Code 1981, § 9-9-77, 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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