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Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 14. HABEAS CORPUS · Article 1. GENERAL PROVISIONS

9-14-3. Petition for writ — Contents.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  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:

  2. (1)

    The name or description of the person whose liberty is restrained;#

  3. (2)

    The person restraining, the mode of restraint, and the place of detention as nearly as practicable;#

  4. (3)

    The cause or pretense of the restraint. If the restraint is under the pretext of legal process, a copy of the process must be annexed to the petition if this is within the power of the applicant;#

  5. (4)

    A distinct averment of the alleged illegality in the restraint or of any other reason why the writ of habeas corpus is sought; and#

  6. (5)

    A prayer for the writ of habeas corpus.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 3910; Code 1868, § 3934; Code 1873, § 4010; Code 1882, § 4010; Penal Code 1895, § 1211; Penal Code 1910, § 1292; Code 1933, § 50-102.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from T09 Ch12-16 (V7A) 2015.pdf, Volume V7A, 2015 edition, page 319; merge action: carried; file SHA-256 c88496cf9e57.