Title 9 — Civil Practice

(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…

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…

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…

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…

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. …

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…

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 …

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…

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…

(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…

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…

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…

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…

(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 …

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…

(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…

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…

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…

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 …

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…

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 …

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…

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…

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

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 …

— 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…

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…

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…

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…

In all civil cases in any of the courts of this state, except as otherwise provided, the party who dismisses, loses, or is cast in the action shall be liable for the costs thereof. (Orig. Code 1863, § 3601; Code 1868, § 3625; Code 1873, § 3675; Code 1882, § 3675; Civil Code 1895,…

Graham, 254 Ga. 711, 334 S.E.2d 183 (1985). Documents could not be construed as proper affidavit. — Plaintiff filing pro se had not filed anything that could be construed as an affidavit of indigency under Ga. Unif. Super. Ct. R. 36.10 and O.C.G.A. § 9-15-2; the plaintiff had pro…

In all cases in which it is made to appear that an attorney is liable for costs, the court shall, on motion, order a judgment and execution against him for the same. (Orig. Code 1863, § 3612; Code 1868, § 3637; Code 1873, § 3687; Code 1882, § 3687; Civil Code 1895, § 5396; Civil …

State Bank & Trust Co. (In re SLW Partners, LP), No. 11-5291, 2012 Bankr. LEXIS 5065 (Bankr. N.D. Ga. Sept. 28, 2012). Application Juvenile court had no authority to impose attorney fees. — Juvenile court properly concluded that the court had no authority to impose attorney fees …

The several officers of court are prohibited from demanding the costs in any civil case or any part thereof until after judgment in the same, except as otherwise provided by law. (Laws 1834, Cobb’s 1851 Digest, p. 506; Laws 1842, Cobb’s 1851 Digest, p. 507; Code 1863, § 3609; Cod…

Reserved. Repealed by Ga. L. 1981, p. 1396, § 23, effective July 1, 1981. Editor’s notes. — Ga. L. 2006, p. 72, § 9, part of an Act to revise, modernize, and correct the Code, reserved this Code section. 9-15-6. Liability of attorney of nonresident plaintiff for costs; prior paym…

If any plaintiff is involuntarily dismissed or cast in the action by reason of the willful neglect or misconduct of his attorney, his attorney shall be liable for the costs which may have accrued in the case. In like manner, if any defendant is cast in the action by reason of the…

No party plaintiff or defendant shall be liable for the costs of any witness of the adverse party unless the witness is subpoenaed, sworn, and examined on the trial of the case or unless the plaintiff voluntarily dismisses his case before trial. No party shall be liable for the c…

This chapter shall be known and may be cited as the ‘‘Georgia Uniform Civil Forfeiture Procedure Act.’’ (Code 1981, § 9-16-1, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.) 449 9-16-2 9-16-2. Definitions.

(a) If property is seized, the state attorney may: (1) Remove the property to a place designated by the superior court having jurisdiction over a civil forfeiture proceeding; (2) Place the property under constructive seizure by giving notice of pending forfeiture to its owners an…

(a) In actions in rem, the property which is the subject of the complaint for forfeiture shall be named as the defendant. The complaint shall be verified on oath or affirmation by a duly authorized agent of the 459 9-16-12 state in a manner consistent with Article 5 of Chapter 10…

(a) In actions in personam, the complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner consistent with Article 5 of Chapter 10 of this title. The complaint shall: (1) Describe with reasonable particularity the property which is soug…

Definitions. Jurisdiction. Venue. Notice to innocent owner of seizure of vehicle. Seizure of property. Reporting of seizure; role of state attorney. Forfeiture lien. Seized property not subject to replevin, conveyance, sequestration, or attachment; release of property; assignment…

(a) As used in this Code section, the term ‘injured person’ means any person who suffers a pecuniary loss or physical injury due to a violation of Code Section 16-5-46, Article 4 or 5 of Chapter 8 of Title 16, or Chapter 14 of Title 16. In the event that such person is a child or…

(a)(1) The state’s burden of proof shall be to show by a preponderance of the evidence that seized property is subject to forfeiture. (2) A property interest shall not be subject to forfeiture under this chapter if the owner of the interest or interest holder establishes that the…

As used in this chapter, the term: (1)(A) ‘‘Beneficial interest’’ means either of the following: (i) The interest of a person as a beneficiary under any written trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such pers…

(a) Property seized or forfeited pursuant to federal law, and such property or proceeds, authorized by such federal law to be transferred to a cooperating law enforcement agency of this state or any political subdivision thereof shall be utilized by the law enforcement agency or …

This chapter shall be liberally construed to effectuate its remedial purposes. (Code 1981, § 9-16-22, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.) 479

(a) A civil forfeiture proceeding shall be filed by a state attorney in the name of the State of Georgia in any superior court of this state and may be brought: (1) In the case of an in rem action, in the judicial circuit where the property is located; (2) In the case of an in pe…

A complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13 shall be tried: (1) If the complaint for forfeiture is in rem against real property, in the county where the property is located, except where a single tract is divided by a county line, in which case the supe…

If a seized vehicle is registered to a person or entity that was not present at the scene of the seizure and whose conduct did not give rise to the seizure, the seizing officer or his or her designee shall make a reasonable effort to determine the name of the registered owner of …