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2018 Georgia Code 9-14-20 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-14-20 Case Law from Google Scholar Amendments to OCGA 9-14-20

TITLE 9 CIVIL PRACTICE

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

ARTICLE 1 GENERAL PROVISIONS

9-14-20. Recordation of proceedings by clerk of court; fees.

In all habeas corpus cases, the proceedings shall be returned to the clerk of the superior court of the county the judge of which heard the same or to the probate court if the case was heard by the judge of the probate court and shall be recorded by such officer as are other cases. For such services, the officer shall receive the fees provided by Code Section 15-6-77.

(Orig. Code 1863, § 3930; Code 1868, § 3953; Code 1873, § 4029; Code 1882, § 4029; Penal Code 1895, § 1232; Penal Code 1910, § 1313; Code 1933, § 50-124; Ga. L. 1970, p. 497, § 5.)

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 a 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.

This section has reference to pleadings and orders in habeas corpus cases and does not require the trial judge to order all habeas hearings to be reported and transcribed. Hilliard v. Hilliard, 243 Ga. 424, 254 S.E.2d 372 (1979).

Failure to order hearing transcribed not error.

- Trial court did not err in failing to order hearing of habeas corpus proceeding, in which divorced father sought to regain custody of his son, transcribed. Hilliard v. Hilliard, 243 Ga. 424, 254 S.E.2d 372 (1979).

Proceeding should be recorded in county where detention occurred. Simmons v. Georgia Iron & Coal Co., 117 Ga. 305, 43 S.E. 780, 61 L.R.A. 739 (1903).

RESEARCH REFERENCES

C.J.S.

- 39A C.J.S., Habeas Corpus, §§ 354, 355.

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