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2018 Georgia Code 24-13-62 | Car Wreck Lawyer

TITLE 24 EVIDENCE

Section 13. Securing Attendance of Witnesses and Production and Preservation of Evidence, 24-13-1 through 24-13-154.

ARTICLE 3 SECURING ATTENDANCE OF PRISONERS

24-13-62. Issuance of writ of habeas corpus requiring prisoner's delivery to serve as witness in superior court.

The writ of habeas corpus ad testificandum may be issued by the superior court to cause the production in court of any witness under legal imprisonment.

(Code 1981, §24-13-62, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 38-1505 and former O.C.G.A. § 24-10-62 are included in the annotations for this Code section.

Some showing of need was contemplated. Brand v. State, 154 Ga. App. 781, 270 S.E.2d 206 (1980) (decided under former Code 1933, § 38-1505).

Dismissal of inmate's mandamus action was error.

- Trial court erred when the court dismissed an inmate's mandamus action pursuant to O.C.G.A. § 9-6-20, wherein the inmate sought additional jail time credit, upon the inmate's failure to appear at a hearing in the matter, as the trial court failed to rule on the inmate's motion for habeas corpus ad testificandum under former O.C.G.A. § 24-10-62 and, accordingly, the inmate had no ability to appear in court on the hearing date. Rozar v. Donald, 280 Ga. 111, 622 S.E.2d 850 (2005) (decided under former O.C.G.A. § 24-10-62).

RESEARCH REFERENCES

C.J.S.

- 98 C.J.S. (Rev), Witnesses, § 107.

ALR.

- Constitutionality of statute restoring competency of convicts as witnesses, 63 A.L.R. 982.

Right of accused to have his witnesses free from handcuffs, manacles, shackles, or the like, 75 A.L.R.2d 762.

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