Every return to a writ of habeas corpus shall be under oath. If the custody or detention of the party on whose behalf the writ issues is admitted, his body shall be produced unless prevented by providential cause or prohibited by law.
§ 9-14-11.Respondent’s return to writ — Verification; production of person detained
Chapter 14. Habeas Corpus · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-14-11 requires every return to a habeas writ to be made under oath and requires the respondent to produce the detained person’s body if custody or detention is admitted, unless a providential cause or a legal prohibition prevents it.
Full Text of § 9-14-11
Plain-English Summary
This section sets two baseline requirements for the respondent’s return. First, the return must be sworn — an unsworn statement does not satisfy the statute, and the oath requirement puts the respondent on the same footing as the applicant, whose petition was verified under Code Section 9-14-4.
Second, if the respondent admits holding custody of the detained person, that admission triggers a production requirement: the respondent must bring the person’s body before the court. The statute allows only two excuses for skipping that step — a providential cause, meaning some circumstance beyond the respondent’s control, like illness or an emergency, and a legal prohibition, meaning some other law that bars producing the person under the circumstances.
Notice what this section does not cover: a return that denies custody altogether. That situation, and what the return must say instead, is addressed in the next section.
Frequently Asked Questions
Does the return to a habeas writ need to be sworn?
Yes. Every return must be made under oath.
When must the respondent physically produce the detained person?
When the return admits custody or detention of that person, unless a providential cause or a legal prohibition excuses production.
What counts as a providential cause excusing production?
The statute does not list specific examples, but the term covers circumstances beyond the respondent’s control that make producing the person impossible.
What happens if the return denies custody instead of admitting it?
This section’s production requirement does not apply; Code Section 9-14-12 sets out what a return denying custody must state instead.
Can a legal prohibition excuse production of the detained person?
Yes. If some other law prohibits producing the person under the circumstances, that prohibition excuses production alongside a providential cause.
Amendment History
Orig. Code 1863, § 3918; Code 1868, § 3942; Code 1873, § 4018; Code 1882, § 4018; Penal Code 1895, § 1219; Penal Code 1910, § 1300; Code 1933, § 50-111.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: georgia habeas corpus return under oathproduction of detained person habeas corpus georgiaprovidential cause habeas corpus georgia