O.C.G.A.

O.C.G.A. § 9-14-21 (2019)

Costs of proceedings

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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The judge hearing the return to a writ of habeas corpus may in his discretion award the costs of the proceeding against either party and may order execution to issue therefor by the clerk.

History

(Orig. Code 1863, § 3929; Code 1868, § 3952; Code 1873, § 4028; Code 1882, § 4028; Penal Code 1895, § 1231; Penal Code 1910, § 1312; Code 1933, § 50-125.)

Annotations

JUDICIAL DECISIONS Meaning of ‘‘costs of the proceeding’’. - Term ‘‘costs of the proceeding,’’ as used in this section, embraces only charges fixed by statute as compensation for services rendered by officers of court in the progress of the habeas corpus cause and does not authorize the judge hearing

the return to the writ to award attorney’s fees to the respondent. Bell v. McNair, 160 Ga. 853, 129 S.E. 94 (1925). See also Davis v. State, 33 Ga. 531 (1863). Cited in Harvey v. Harvey, 244 Ga. 199, 259 S.E.2d 456 (1979).

OPINIONS OF THE ATTORNEY GENERAL Payment of costs by Board of Offender Rehabilitation in habeas corpus cases brought against wardens of various institutions should only be done upon compliance by the clerk of the taxing

court with the statutory provisions; such compliance is not established by the rendering of a statement of account. 1969 Op. Att’y Gen. No. 69-218.

RESEARCH REFERENCES Am. Jur. 2d. - 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, § 167. C.J.S. - 39A C.J.S., Habeas Corpus, §§ 377, 378.

ALR. - Costs in habeas corpus, 81 ALR 151.

Notes of Decisions

Cited in 1 case, 2016–2016 · leading case: Elizabeth L. Cunningham v. J. Alan Kohr (Ga. Ct. App. 2016).

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Elizabeth L. Cunningham v. J. Alan Kohr (Ga. Ct. App. 2016). · cites it 2× “In its order, the court cites both OCGA § 9-15-14 and the habeas corpus statute, OCGA § 9-14-21, as bases for its award. Elizabeth Cunningham argues that attorney fees and expenses are not permitted under the habeas corpus statute.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.