---
title: O.C.G.A. § 9-7-17. When exceptions of fact tried by jury; burden of proof; right to open and conclude.
collection: code
id: 9-7-17
cite_as: O.C.G.A. § 9-7-17 (2025)
canonical_url: https://georgiacommons.org/code/9-7-17
md_url: https://georgiacommons.org/code/9-7-17.md
text_url: https://georgiacommons.org/code/9-7-17/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t9-ch1-10-(v6)-2023-pdf.pdf?sfvrsn=f3cabc45_0#page=576
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CIVIL PRACTICE / AUDITORS
---

# O.C.G.A. § 9-7-17. When exceptions of fact tried by jury; burden of proof; right to open and conclude.

In all law cases where an auditor is appointed, exceptions of fact to his report shall be passed upon by the jury as in other issues of fact, and in equity cases by the jury when approved by the judge. The burden of proving error in the report of the auditor shall be upon the party making the exceptions, who shall have the right to open and conclude the argument. In all cases where both parties file exceptions of fact, the party against whom judgment would be rendered if the report were approved shall be entitled to open and conclude the argument.

## History

Ga. L. 1894, p. 123, §§ 15-17; Ga. L. 1895, p. 47, § 3; Civil Code 1895, §§ 4595, 4596, 4597; Civil Code 1910, §§ 5141, 5142, 5143; Code 1933, §§ 10-402, 10-403, 37-1103.