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2018 Georgia Code 9-14-6 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-14-6 Case Law from Google Scholar Amendments to OCGA 9-14-6

TITLE 9 CIVIL PRACTICE

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

ARTICLE 1 GENERAL PROVISIONS

9-14-6. Form of writ.

The writ of habeas corpus may be substantially as follows: IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA A.B., ) Petitioner ) ) v. ) Civil action ) C.D., ) File no. __________ Respondent ) 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

(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.)

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.

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 and9-11-101) 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.

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