Georgia Code, Title 9, Chapter 14, Article 1 - General Provisions

• § 9-14-1 - Who May Seek Writ
  (a) Any person restrained of his liberty under any pretext whatsoever, except under sentence of a state court of record, may seek a writ...
• § 9-14-2 - Habeas Corpus on Account of Detention of Spouse or Child
  In all writs of habeas corpus sought on account of the detention of a spouse or child, the court on hearing all the facts...
• § 9-14-3 - Petition for Writ -- Contents
  The application for the writ of habeas corpus shall be by petition in writing, signed by the applicant, his attorney or agent, or some...
• § 9-14-4 - Petition for Writ -- Verification; to Whom Presented
  The petition for the writ of habeas corpus must be verified by the oath of the applicant or some other person in his behalf....
• § 9-14-5 - When Writ Granted
  When upon examination of the petition for a writ of habeas corpus it appears to the judge that the restraint of liberty is illegal,...
• § 9-14-6 - Form of Writ
  The writ of habeas corpus may be substantially as follows: IN THE COURT OF COUNTY STATE OF GEORGIA A.B., ) Petitioner ) ) v....
• § 9-14-7 - Return Day for Writ
  The return day of the writ of habeas corpus in civil cases shall always be within 20 days after the presentation of the petition...
• § 9-14-8 - Service of Writ
  The writ of habeas corpus shall be served by delivery of a copy thereof by any officer authorized to make a return of any...
• § 9-14-9 - When Warrant for Arrest of Person Detained to Be Issued Along With Writ
  If the affidavit of the applicant to the effect that he has reason to apprehend that the party detaining or holding another in custody...
• § 9-14-10 - Respondent's Return to Writ -- When and Where Made
  The return of the party served with the writ shall be made at the time and place specified by the court. Two days from...
• § 9-14-11 - Respondent's Return to Writ -- Verification; Production of Person Detained
  Every return to a writ of habeas corpus shall be under oath. If the custody or detention of the party on whose behalf the...
• § 9-14-12 - Respondent's Return to Writ -- Statement of Transfer of Custody; Procedure When Transfer Made to Avoid Writ
  If the return denies the custody or detention of the person in question, it shall further state distinctly the latest date, if ever, at...
• § 9-14-13 - Production of Legal Process
  In every case in which detention is justified under legal process, the legal process shall be produced and submitted to the judge at the...
• § 9-14-14 - Hearing of Issue
  If the return denies any of the material facts stated in the petition or alleges other facts upon which issue is taken, the judge...
• § 9-14-15 - To Whom Notice of Hearing Given
  If the person who is the subject of a petition for the writ of habeas corpus is detained upon a criminal charge and the...
• § 9-14-16 - When Person Not to Be Discharged
  No person shall be discharged upon the hearing of a writ of habeas corpus in the following cases: (1) When he is imprisoned under...
• § 9-14-17 - Discharge for Defect in Affidavit, Warrant, or Commitment
  If the person in question is detained upon a criminal charge and it appears to the court that there is probable cause for his...
• § 9-14-18 - Discharge After Arrest for Offense Committed in Another State
  If a person is arrested on suspicion of the commission of an offense in another state and the suspicion is reasonable, the person shall...
• § 9-14-19 - Powers of Court in Cases Not Covered by Code Sections 9-14-16 Through 9-14-18
  In cases other than those specified in Code Sections 9-14-16, 9-14-17, and 9-14-18, the judge hearing the return shall discharge, remand, or admit the...
• § 9-14-20 - Recordation of Proceedings by Clerk of Court; Fees
  In all habeas corpus cases, the proceedings shall be returned to the clerk of the superior court of the county the judge of which...
• § 9-14-21 - Costs of Proceedings
  The judge hearing the return to a writ of habeas corpus may in his discretion award the costs of the proceeding against either party...
• § 9-14-22 - Appeals; Speedy Hearing; Transmittal of Remittitur
  (a) Appeals in habeas corpus cases shall be governed, in all respects where applicable, by the laws in reference to appeals in other cases...
• § 9-14-23 - Attachment for Contempt for Disobedience of Writ
  Any person disregarding the writ of habeas corpus in any manner whatever shall be liable to attachment for contempt, issued by the judge granting...

Last modified: October 14, 2016