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Official Code of Georgia Annotated

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

9-14-4. Petition for writ — Verification; to whom presented.

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

  1. 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 brought before him from any county in his circuit, or it may be presented to the judge of the probate court of the county, except in cases of capital felonies or in which a person is held for extradition under warrant of the Governor.

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

Cobb’s 1851 Digest, p. 543; Code 1863, § 3911; Ga. L. 1868, p. 128, § 1; Code 1868, § 3935; Ga. L. 1872, p. 44, § 1; Code 1873, § 4011; Code 1882, § 4011; Ga. L. 1884-85, p. 50, § 1; Ga. L. 1884-85, p. 470, § 10; Penal Code 1895, § 1212; Penal Code 1910, § 1293; Code 1933, § 50-103.

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 321; merge action: carried; file SHA-256 c88496cf9e57.