§ 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 may exercise its discretion as to whom the custody of the spouse or child shall be given and shall have the power to give the custody of a child to a […]
§ 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 other person in his behalf, and shall state: The name or description of the person whose liberty is restrained; The person restraining, the mode of restraint, and the place of detention […]
§ 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. 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 liberty to be […]
§ 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, he shall grant the writ, requiring the person restraining the liberty of another or illegally detaining such person in his custody to bring the person before him at a time and […]
§ 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. ) Civil action ) C.D., ) File no. Respondent ) WRIT OF HABEAS CORPUS To C.D.: You are hereby commanded to produce the body of , alleged to be illegally detained […]
§ 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 therefor. The return day of the writ in criminal cases shall always be within eight days after the presentation of the petition therefor. History. Orig. Code 1863, § 3914; Code 1868, […]
§ 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 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 person serving the […]
§ 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 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 writ shall at the […]