O.C.G.A. § 9-14-10 (2019)
Respondent’s return to writ - When and where made
The return of the party served with the writ shall be made at the time and place specified by the court. Two days from the time of service shall be allowed for every 20 miles which the party has to travel from the place of detention to the place appointed for the hearing. If service has not been made a sufficient time before the hearing to cover the time allowed in this Code section to reach the place of hearing, the return shall be made within the time so allowed immediately after the service.
History
(Orig. Code 1863, § 3917; Code 1868, § 3941; Code 1873, § 4017; Code 1882, § 4017; Penal Code 1895, § 1218; Penal Code 1910, § 1299; Code 1933, § 50-110.)
Annotations
JUDICIAL DECISIONS Editor’s notes. - Article 2 of this chapter now provides the exclusive procedure for seeking a writ of habeas corpus for persons whose liberty is being restrained by virtue of sentence of a state court of record, expanding the scope of habeas in such cases. See O.C.G.A. §§ 9-14-40 and 9-14-41. Person to whom writ is directed makes response to the writ, not the petition, and when an answer is made to the writ, responsibility of the respondent
ceases. Delinski v. Dunn, 209 Ga. 402, 73 S.E.2d 171 (1952). Return to writ of habeas corpus may be amended at any time before final disposition of the cause. Wright v. Davis, 120 Ga. 670, 48 S.E. 170 (1904); Harwell v. Gay, 186 Ga. 80, 196 S.E. 758 (1938). Mere failure to comply literally with this section was not cause for reversal. - See Bearden v. Donaldson, 141 Ga. 529, 81 S.E. 441 (1914).
RESEARCH REFERENCES Am. Jur. 2d. - 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, §§ 102, 155. Am. Jur. Pleading and Practice
Forms. - 13 Am. Jur. Pleading and Practice Forms, Habeas Corpus, § 165. C.J.S. - 39A C.J.S., Habeas Corpus, §§ 306, 307.