Effects of Failure to State Facts Supporting Claim, Failure to Put Forward Statement of Defense, or Failure to Appear at Hearing or to Produce Documentary Evidence

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  7. Effects of Failure to State Facts Supporting Claim, Failure to Put Forward Statement of Defense, or Failure to Appear at Hearing or to Produce Documentary Evidence

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Unless otherwise agreed by the parties, if, without showing sufficient cause:

  1. The claimant fails to communicate his or her statement of claim in accordance with subsection (a) of Code Section 9-9-45, the arbitration tribunal shall terminate the proceedings;
  2. The respondent fails to communicate his or her statement of defense in accordance with subsection (a) of Code Section 9-9-45, the arbitration tribunal shall continue the proceedings without treating such failure in itself as an admission of the claimant's allegations; and
  3. Any party fails to appear at a hearing or to produce documentary evidence, the arbitration tribunal may continue the proceedings and make the arbitration award on the evidence before it.

(Code 1981, §9-9-47, enacted by Ga. L. 2012, p. 961, § 1/SB 383.)


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