Title 9 — Civil Practice
0 chapters · 503 sections in this title.
O.C.G.A. § 9-14-1 Who may seek writ
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(a) Any person restrained of his liberty under any pretext whatsoever, except under sentence of a state court of record, may seek a writ of habeas corpus to inquire into the legality of the restraint. (b) Any person alleging that another person in whom for any cause he is interes…
O.C.G.A. § 9-14-10 Respondent’s return to writ — When and where made
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The return of the party served with the writ shall be made at the time and place specified by the court. Two days from the time of service shall be allowed for every 20 miles which the party has to travel from the place of detention to the place appointed for the hearing. If serv…
O.C.G.A. § 9-14-13 Production of legal process
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In every case in which detention is justified under legal process, the legal process shall be produced and submitted to the judge at the hearing of the return. (Orig. Code 1863, § 3919; Code 1868, § 3943; Code 1873, § 4019; Code 1882, § 4019; Penal Code 1895, § 1220; Penal Code 1…
O.C.G.A. § 9-14-14 Hearing of issue
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If the return denies any of the material facts stated in the petition or alleges other facts upon which issue is taken, the judge hearing the return may in a summary manner hear testimony as to the issue. To that end, he may compel the attendance of witnesses and the production o…
O.C.G.A. § 9-14-15 To whom notice of hearing given
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If the person who is the subject of a petition for the writ of habeas corpus is detained upon a criminal charge and the district attorney is in the county, he shall be notified of the hearing. If he is not, the notice shall be given to the prosecutor of the criminal charge. (Ga. …
O.C.G.A. § 9-14-16 When person not to be discharged
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No person shall be discharged upon the hearing of a writ of habeas corpus in the following cases: (1) When he is imprisoned under lawful process issued from a court of competent jurisdiction unless his case is one in which bail is allowed and proper bail is tendered; (2) By reaso…
O.C.G.A. § 9-14-17 Discharge for defect in affidavit, warrant, or commitment
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If the person in question is detained upon a criminal charge and it appears to the court that there is probable cause for his detention, he shall not be discharged for any defect in the affidavit, warrant, or commitment until a reasonable time has been given to the prosecutor to …
O.C.G.A. § 9-14-20 Who may seek writ
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Habeas corpus on account of detention of spouse or child. Petition for writ — Contents. Petition for writ — Verification; to whom presented. When writ granted. Form of writ. Return day for writ. Service of writ. When warrant for arrest of person detained to be issued along with w…
O.C.G.A. § 9-14-21 Costs of proceedings
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The judge hearing the return to a writ of habeas corpus may in his discretion award the costs of the proceeding against either party and may order execution to issue therefor by the clerk. (Orig. Code 1863, § 3929; Code 1868, § 3952; Code 1873, § 4028; Code 1882, § 4028; Penal Co…
O.C.G.A. § 9-14-22 Appeals; speedy hearing; transmittal of remittitur
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(a) Appeals in habeas corpus cases shall be governed, in all respects where applicable, by the laws in reference to appeals in other cases regarding the practice in the lower courts and in the Supreme Court relating to the time and manner of signing, filing, serving, transmitting…
O.C.G.A. § 9-14-23 Attachment for contempt for disobedience of writ
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Any person disregarding the writ of habeas corpus in any manner whatever shall be liable to attachment for contempt, issued by the judge granting the writ, under which attachment the person may be imprisoned until he complies with the legal requirements of the writ. (Orig. Code 1…
O.C.G.A. § 9-14-3 Petition for writ — Contents
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The application for the writ of habeas corpus shall be by petition in writing, signed by the applicant, his attorney or agent, or some other person in his behalf, and shall state: (1) The name or description of the person whose liberty is restrained; (2) The person restraining, t…
O.C.G.A. § 9-14-4 Petition for writ — Verification; to whom presented
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The petition for the writ of habeas corpus must be verified by the oath of the applicant or some other person in his behalf. It may be presented to the judge of the superior court of the circuit in which the illegal detention exists who may order the party restrained of his liber…
O.C.G.A. § 9-14-40 Legislative intent
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(a) The General Assembly finds that: (1) Expansion of the scope of habeas corpus in federal court by decisions of the United States Supreme Court together with other decisions of the court substantially curtailing the doctrine of waiver of constitutional rights by an accused and …
O.C.G.A. § 9-14-41 Article as exclusive procedure
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Notwithstanding the other provisions of this chapter, this article provides the exclusive procedure for seeking a writ of habeas corpus for persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court of record. (Code 1933, § 50-127, ena…
O.C.G.A. § 9-14-42 Grounds for writ; waiver of objection to jury composition
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(a) Any person imprisoned by virtue of a sentence imposed by a state court of record who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the Constitution of the United States or of this state may institute a proc…
O.C.G.A. § 9-14-43 Jurisdiction and venue
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A petition brought under this article must be filed in the superior court of the county in which the petitioner is being detained. The 365 9-14-43 superior courts of such counties shall have exclusive jurisdiction of habeas corpus actions arising under this article. If the petiti…
O.C.G.A. § 9-14-44 Petition — Contents and verification
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A petition brought under this article shall identify the proceeding in which the petitioner was convicted, give the date of rendition of the final judgment complained of, clearly set forth the respects in which the petitioner’s rights were violated, and state with specificity whi…
O.C.G.A. § 9-14-45 Petition — Service
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Service of a petition brought under this article shall be made upon the person having custody of the petitioner. If the petitioner is being detained under the custody of the Department of Corrections, an additional copy of the petition shall be served on the Attorney General. If …
O.C.G.A. § 9-14-46 Custody and production of petitioner
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Custody and control of the petitioner shall be retained by the Department of Corrections or other authority having custody of the petitioner. It shall be the duty of the department or authority to produce the petitioner at such times and places as the court may direct. (Code 1933…
O.C.G.A. § 9-14-47 Time for answer and hearing
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Except as otherwise provided in Code Section 9-14-47.1 with respect to petitions challenging for the first time state court proceedings resulting in a sentence of death, within 20 days after the filing and docketing of a petition under this article or within such further time as …
O.C.G.A. § 9-14-49 Findings of fact and conclusions of law
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9-14-50. Transcription of proceedings. 9-14-51. Effect of failure to raise grounds for relief in original or amended petition. 9-14-52. Appeal procedure; application to Supreme Court by petitioner for certificate of probable cause; effect of appeal by respondent. 9-14-53. Reimbur…
O.C.G.A. § 9-14-5 When writ granted
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When upon examination of the petition for a writ of habeas corpus it appears to the judge that the restraint of liberty is illegal, he shall grant the writ, requiring the person restraining the liberty of another or illegally detaining such person in his custody to bring the pers…
O.C.G.A. § 9-14-50 Transcription of proceedings
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All trials held under this article shall be transcribed by a court reporter designated by the superior court hearing the case. (Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3.) 382 9-14-51
O.C.G.A. § 9-14-51 State v
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Cusack, 296 Ga. 534, 769 S.E.2d 370 (2015). 16-5-91 Single incident of stalking insufficient. — Defendant’s single violation of a permanent protective order was insufficient to prove aggravated stalking in violation of O.C.G.A. § 16-5-91(a), which required a showing of a pattern …
O.C.G.A. § 9-14-53 Law reviews
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— For article, ‘‘Courts: Juvenile Justice Reform,’’ see 30 Ga. St. U. L. Rev. 63 (2013). For note on 1995 amendments and enactments of Code sections in this article, see 12 Ga. St. U.L. Rev. 89 (1995). 15-6-50. Clerk’s term of office; qualifications; training requirements; appoint…
O.C.G.A. § 9-14-6 Form of writ
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The writ of habeas corpus may be substantially as follows: 325 9-14-6 IN THE COURT OF COUNTY STATE OF GEORGIA A.B., ) Petitioner ) ) v. ) Civil action ) C.D., ) Respondent File no. ) WRIT OF HABEAS CORPUS To C.D.: You are hereby commanded to produce the body of , alleged to be il…
O.C.G.A. § 9-14-7 Return day for writ
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The return day of the writ of habeas corpus in civil cases shall always be within 20 days after the presentation of the petition therefor. The return day of the writ in criminal cases shall always be within eight days after the presentation of the petition therefor. (Orig. Code 1…
O.C.G.A. § 9-14-8 Service of writ
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The writ of habeas corpus shall be served by delivery of a copy thereof by any officer authorized to make a return of any process or by any other citizen. The entry of the officer or the affidavit of the citizen serving the writ shall be sufficient evidence of the service. The pe…