Title 9

(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…

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…

The writ of habeas corpus may be substantially as follows: 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 illegally det…

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…

If the affidavit of the applicant to the effect that he has reason to apprehend that the party detaining or holding another in custody will remove him beyond the limits of the county or conceal him from the officers of the law is filed with the petition, the judge granting the wr…

(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 superior courts of such counties shall have exclusive jurisdiction of habeas corpus actions arising under this article. If the petitioner is not …

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 …

(a) In petitions filed under this article challenging for the first time state court proceedings resulting in a death sentence, the provisions of this article shall apply except as specifically provided otherwise in this Code section. (b) Within ten days of the filing of a petiti…

(a) The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence. No other forms of discovery shall be allowed except upon leave of court and a showing of exceptional circumstances. (b) The taking of depositions or depositions upon written quest…

State, 284 Ga. 327, 667 S.E.2d 375 (2008), overruled on other grounds, Crosson v. Conway, 291 Ga. 220, 728 S.E.2d 617 (2012). Cited in White v. Gnann, 225 Ga. 398, 169 S.E.2d 301 (1969); Stynchcombe v. Walden, 226 Ga. 63, 172 S.E.2d 402 (1970); Law v. Smith, 226 Ga. 298, 174 S.E.…

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.)

(a) Appeals in habeas corpus cases brought under this article shall be governed by Chapter 6 of Title 5 except that as to final orders of the court which are adverse to the petitioner no appeal shall be allowed unless the Supreme Court of this state issues a certificate of probab…

Each county of this state shall be reimbursed from state funds for court costs both at the trial level and in any appellate court for each writ of habeas corpus sought in the superior court of the county by indigent petitioners when the granting of the writ is denied or when the …

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…

Cusack, 296 Ga. 534, 769 S.E.2d 370 (2015). 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 of haras…

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,…

(a) In all actions for slanderous words, in any court having jurisdiction of the same, if the jury renders a verdict under $10.00, the plaintiff shall have and recover no more costs than damages. (b) In actions of assault and battery and in all other personal actions wherein the …

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…

If execution issues on a judgment recovered by the plaintiff against the defendant and the executing officer returns the same marked ‘‘No property to be found,’’ a fi. fa. may issue against the plaintiff for the purpose of recovering the costs from him; and, if the plaintiff resi…

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 …

(a) When any civil action is brought against a judicial officer, other than an action for quo warranto, mandamus, or an action brought under Title 42, Section 1983 of the United States Code, and such action arises out of the performance of the judicial officer’s official duties, …

Kraft v. Forest Park Realty & Ins. Co., 111 Ga. App. 621, 142 S.E.2d 402, 1965 Ga. App. LEXIS 1044 (1965). Payment of costs prerequisite only when first action is dismissed by act of plaintiff. — It is only when action has been dismissed or discontinued and dismissal or discontinu…

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…

(a) A clerk of the superior court shall not be required to file any civil case or proceeding until the fee required by Code Section 15-6-77 and Code Section 15-6-77.2, relating to fees of clerks of the superior courts, has been paid to the clerk. The fee shall not be required if …

(a) When any attorney institutes an action in any of the courts of this state for any person who resides outside this state, the attorney shall be liable to pay all costs of the officers of court in the event that the action is dismissed or the plaintiff is cast in the action. (b…

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…

When any action ex contractu is brought in the superior or state court and the verdict of the jury, unreduced by setoff or payment pending the action, is for a sum under $50.00, the defendant shall not be charged with more costs than would have necessarily accrued if the case had…

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.)

(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) If the estimated value of personal property seized is $25,000.00 or less, the state attorney shall post a notice of the seizure of such property in a prominent location in the courthouse of the county in which the property was seized. Such notice shall include: (1) A descript…

(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 state in a manner consistent with Article 5 of Chapter 10 of this tit…

(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…

In conjunction with any civil forfeiture proceeding or criminal proceeding involving forfeiture: (1) The court, upon application of the state attorney, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, conse…

(a) For good cause shown by the state or the owner or interest holder of the property, the court may stay civil forfeiture proceedings during the pendency of criminal proceedings resulting from a related indictment or accusation until such time as the criminal proceedings result …