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Article 1 - General Provisions
§ 9-14-1. Who May Seek Writ - History. Cobb’s 1851 Digest, pp. 1131-1134; Code 1863, § 3909;...
§ 9-14-2. Habeas Corpus on Account of Detention of Spouse or Child - In all writs of habeas corpus sought on account of...
§ 9-14-3. Petition for Writ — Contents - The application for the writ of habeas corpus shall be...
§ 9-14-4. Petition for Writ — Verification; to Whom Presented - The petition for the writ of habeas corpus must be...
§ 9-14-5. When Writ Granted - When upon examination of the petition for a writ of...
§ 9-14-6. Form of Writ - The writ of habeas corpus may be substantially as follows:...
§ 9-14-7. Return Day for Writ - The return day of the writ of habeas corpus in...
§ 9-14-8. Service of Writ - The writ of habeas corpus shall be served by delivery...
§ 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...
§ 9-14-10. Respondent’s Return to Writ — When and Where Made - The return of the party served with the writ shall...
§ 9-14-11. Respondent’s Return to Writ — Verification; Production of Person Detained - Every return to a writ of habeas corpus shall be...
§ 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...
§ 9-14-13. Production of Legal Process - In every case in which detention is justified under legal...
§ 9-14-14. Hearing of Issue - If the return denies any of the material facts stated...
§ 9-14-15. To Whom Notice of Hearing Given - If the person who is the subject of a petition...
§ 9-14-16. When Person Not to Be Discharged - No person shall be discharged upon the hearing of a...
§ 9-14-17. Discharge for Defect in Affidavit, Warrant, or Commitment - If the person in question is detained upon a criminal...
§ 9-14-18. Discharge After Arrest for Offense Committed in Another State - If a person is arrested on suspicion of the commission...
§ 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,...
§ 9-14-20. Recordation of Proceedings by Clerk of Court; Fees - In all habeas corpus cases, the proceedings shall be returned...
§ 9-14-21. Costs of Proceedings - The judge hearing the return to a writ of habeas...
§ 9-14-22. Appeals; Speedy Hearing; Transmittal of Remittitur - History. Ga. L. 1897, p. 53, § 1; Penal Code...
§ 9-14-23. Attachment for Contempt for Disobedience of Writ - Any person disregarding the writ of habeas corpus in any...
Article 2 - Procedure for Persons Under Sentence of State Court of Record
§ 9-14-40. Legislative Intent - History. Ga. L. 1967, p. 835, § 1. Law reviews....
§ 9-14-41. Article as Exclusive Procedure - Notwithstanding the other provisions of this chapter, this article provides...
§ 9-14-42. Grounds for Writ; Waiver of Objection to Jury Composition - History. Code 1933, § 50-127, enacted by Ga. L. 1967,...
§ 9-14-43. Jurisdiction and Venue - A petition brought under this article must be filed in...
§ 9-14-44. Petition — Contents and Verification - A petition brought under this article shall identify the proceeding...
§ 9-14-45. Petition — Service - Service of a petition brought under this article shall be...
§ 9-14-46. Custody and Production of Petitioner - Custody and control of the petitioner shall be retained by...
§ 9-14-47. Time for Answer and Hearing - Except as otherwise provided in Code Section 9-14-47.1 with respect...
§ 9-14-47.1. Petitions Challenging for the First Time State Court Proceedings Resulting in a Death Sentence - History. Code 1981, § 9-14-47.1 , enacted by Ga. L....
§ 9-14-48. Hearing; Evidence; Depositions; Affidavits; Determination of Compliance With Procedural Rules; Disposition - History. Code 1933, § 50-127, enacted by Ga. L. 1967,...
§ 9-14-49. Findings of Fact and Conclusions of Law - After reviewing the pleadings and evidence offered at the trial...
§ 9-14-50. Transcription of Proceedings - All trials held under this article shall be transcribed by...
§ 9-14-51. Effect of Failure to Raise Grounds for Relief in Original or Amended Petition - All grounds for relief claimed by a petitioner for a...
§ 9-14-52. Appeal Procedure; Application to Supreme Court by Petitioner for Certificate of Probable Cause; Effect of Appeal by Respondent - History. Code 1933, § 50-127, enacted by Ga. L. 1967,...
§ 9-14-53. Reimbursement to Counties for Habeas Corpus Costs - Each county of this state shall be reimbursed from state...