Title 44, Chapter 2, Section 103
( 44-2-103)
(a) At the time and place set for the hearing, the examiner shall,
in like manner as other auditors, proceed with similar powers as to
the compelling of the attendance of witnesses, the production of
books and papers, and adjournment and recessing to hear all lawful
evidence submitted. In addition he may make such independent
examination of the title as he may deem necessary. (b) Within 15 days after the hearing has been concluded unless for
good cause the time is extended by the judge, the examiner shall
file with the clerk a report of his conclusions of law and of fact
setting forth the state of the title; any liens or encumbrances
thereon, by whom held, and the amounts due thereon; the abstract of
title to the land; any other information affecting the validity of
the title; and a brief or a stenographic report of the evidence
taken by him. He shall mail notice of the filing of his report to
each of the parties who have appeared in the case. Any of the
parties to the proceeding may file exceptions to the conclusions of
law or of fact or to the general findings of the examiner within 20
days after such report is filed. The clerk shall thereupon notify
the judge that the record is ready for his determination. (c) If the petitioner or any contestant of the petitioner's right
shall demand a trial by jury upon any issue of fact arising upon
exceptions to the examiner's report, the court shall cause the same
to be referred to a jury either at the term of court which may then
be in session or at the next term of the court or at any succeeding
term of the court to which the case may be continued for good and
lawful reasons. It shall be the duty of the judge to expedite the
hearing of the case and not to continue it unless for good cause
shown or upon the consent of all parties at interest. The issue or
issues of fact shall be tried before the jury, in the event jury
trial is requested, upon the evidence reported by the examiner
except in cases where, under law, evidence other than that reported
by an auditor may be submitted to the jury on exceptions to an
auditor's report. Furthermore, in cases where the examiner has
reported to the court findings of fact based on his personal
examination, either party may introduce additional testimony as to
such facts, provided that the party will make it appear under oath
that he has not been fully heard and given full opportunity to
present testimony on the same matter before the examiner. The
verdict of the jury upon the questions of fact shall operate to the
same extent as in the case of exceptions to an auditor's report in
an ordinary civil action. (d) In all matters not otherwise provided for, the procedure upon
the examiner's report and the exceptions thereto shall be in
accordance with procedure prevailing as to the auditor's reports and
exceptions thereto. (e) The right to grant a new trial upon any issue submitted to a jury and the right of appeal to the Supreme Court shall be as provided for in Code Sections 5-6-37 through 5-6-44, 5-6-48, and 5-6-49. (f) The judge may refer or recommit the record to the examiner in
like manner as auditor's reports may be recommitted or he may on his
own motion recommit it to the same or any other examiner for further
information and report. Where an exception or exceptions to the
examiner's report have been sustained by the court or by verdict on
the trial of an issue of fact or where the Supreme Court reverses
the judgment of the trial court, it shall not be necessary for the
trial court to recommit the case to an examiner, but the judge shall
proceed to enter a decree in accordance with the law and the facts
as thus established and appearing from the record; provided,
however, that if the judge, in his discretion, is of the opinion
that it is in the interests of truth and justice that a recommitment
to an examiner should be made, he may, upon the motion of any party
or on his own motion, order a recommitment of the whole case or any
part thereof or for the taking of additional testimony upon any
matter which the court deems necessary to the rendition of a true
and correct decree. |