O.C.G.A. § 9-14-6 (2019)
Form of writ
The writ of habeas corpus may be substantially as follows:
STATE OF GEORGIA A.B.,
) Petitioner
) )
v.
)
Civil action
) C.D.,
) Respondent
File no.
)
WRIT OF HABEAS CORPUS To C.D.: You are hereby commanded to produce the body of , alleged to be illegally detained by you, together with the cause of the detention, before me on the day of , , at : .M., then and there to be disposed of as the law directs. Given under my hand and official signature, this day of , . Judge
History
(Orig. Code 1863, § 3913; Code 1868, § 3937; Code 1873, § 4013; Code 1882, § 4013; Penal Code 1895, § 1214; Penal Code 1910, § 1295; Code 1933, § 50-106; Ga. L. 1999, p. 81, § 9.)
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. Writ as appropriate process to bring defendant into court. - In a habeas case involving custody of a minor child, the writ of habeas corpus, as prescribed by former Code 1933, § 50-106 (see now O.C.G.A. § 9-14-6), was an appropriate process to bring the defendant
into court and the complaint was not subject to dismissal because the summons prescribed in Ga. L. 1969, p. 487, § 1 and Ga. L. 1966, p. 609, § 11 (see now O.C.G.A. §§ 9-11-4 and 9-11-101) was not issued and served on the defendant. Tyree v. Jackson, 226 Ga. 690, 177 S.E.2d 160 (1970). Cited in Moody v. Moody, 193 Ga. 699, 19 S.E.2d 504 (1942); Moore v. Berry, 210 Ga. 136, 78 S.E.2d 6 (1953); Harper v. Ballensinger, 225 Ga. 863, 171 S.E.2d 609 (1969); Tyree v. Jackson, 226 Ga. 690, 177 S.E.2d 160 (1970).
RESEARCH REFERENCES Am. Jur. 2d. - 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, § 167.
C.J.S. - 39A C.J.S., Habeas Corpus, §§ 306, 307.