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O.C.G.A. § 9-14-13 — Production of legal process | Georgia Code

O.C.G.A. § 9-14-13 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 9 CIVIL PRACTICE

Section 14. Habeas Corpus, 9-14-1 through 9-14-53.

ARTICLE 1 GENERAL PROVISIONS

9-14-13. Production of legal process.

In every case in which detention is justified under legal process, the legal process shall be produced and submitted to the judge at the hearing of the return.

(Orig. Code 1863, § 3919; Code 1868, § 3943; Code 1873, § 4019; Code 1882, § 4019; Penal Code 1895, § 1220; Penal Code 1910, § 1301; Code 1933, § 50-112.)

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 and9-14-41.

Presumption of compliance with law.

- Since the respondent held petitioner under an executive warrant based upon an extradition proceeding, and the warrant was regular on the warrant's face, the presumption was that the Governor had complied with the Constitution and the law. Blackwell v. Jennings, 128 Ga. 264, 57 S.E. 484 (1907).

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This Georgia Code resource is curated by a Florida and Georgia attorney, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.