Title 9, Chapter 7, Section 15
( 9-7-15)
(a) Exceptions as to any matter not appearing on the face of the
record, in the transcript of the evidence and proceedings, or in the
report itself, shall be certified to be true by the auditor within
40 days after the report is filed. If the auditor determines that
any such exception is not true or does not contain all of the
necessary facts, he shall return the same within ten days to the
party or his attorney with his objections in writing. If these
objections are met and removed within ten days, he may then certify
the same, specifying the cause of delay. (b) If for any cause the exceptions are not certified by the
auditor, without fault of the party or his attorney, the party or
his attorney may apply to the judge of the superior court within 30
days from the tendering of the exceptions and on petition obtain a
mandamus nisi directed to the auditor. (c) The petition for a mandamus nisi shall set out a substantial
copy of the exceptions, and shall be verified by the party or his
counsel, or supported by other proof as to the truth of the facts
stated therein. The mandamus nisi shall be served upon the auditor
within ten days after the same is signed by the judge and shall be
made returnable not more than 30 days after signing. The opposite
party shall have notice of the time and place of hearing the
mandamus nisi and may resist the application for a mandamus
absolute. If there is a traverse filed to the answer, the same shall
be determined by a jury. If the mandamus is made absolute, the order
shall have the effect, to that extent, of amending the report of the
auditor. |