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§ 9-14-14.Hearing of issue

Chapter 14. Habeas Corpus · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-14-14 lets the judge hearing a habeas return, when the return denies material facts or raises new ones, hear testimony in summary fashion, compel witnesses and papers, adjourn the examination, and exercise any other power justice requires.

Full Text of § 9-14-14

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If the return denies any of the material facts stated in the petition or alleges other facts upon which issue is taken, the judge hearing the return may in a summary manner hear testimony as to the issue. To that end, he may compel the attendance of witnesses and the production of papers, may adjourn the examination of the question, or may exercise any other power of a court which the principles of justice may require.

Plain-English Summary

Not every habeas case resolves on the papers alone. When the respondent’s return denies facts the petition alleged, or raises additional facts that put something new at issue, this section gives the judge the tools to sort out what happened.

The core power is the ability to hear testimony in a summary manner — a streamlined process suited to a proceeding designed to move quickly, rather than the full procedural apparatus of an ordinary civil trial. Backing that power up, the judge may compel witnesses to attend and compel the production of papers, so a disputed fact does not go unresolved for lack of evidence. The judge may also adjourn the examination if the matter needs more time, and the statute closes with a broad catch-all: the judge may exercise any other power of a court that the principles of justice require.

That catch-all phrase gives the judge real latitude. Rather than boxing the court into a fixed list of procedural tools, the legislature left room for the judge to fashion whatever process the particular dispute needs, so long as it serves the underlying goal of getting the facts right.

Frequently Asked Questions

What triggers an evidentiary hearing under this section?

A return that denies material facts stated in the petition, or that alleges other facts creating a disputed issue.

Can the judge compel witnesses to testify at this hearing?

Yes. The judge may compel the attendance of witnesses and the production of papers as part of resolving the disputed issue.

Is this hearing conducted like a full civil trial?

No. The statute directs the judge to hear testimony “in a summary manner,” reflecting the streamlined nature of habeas proceedings.

Can the judge postpone the hearing if more time is needed?

Yes. The judge may adjourn the examination of the question.

Is the judge’s authority under this section limited to the specific powers it names?

No. The statute adds a catch-all allowing the judge to exercise any other power of a court that the principles of justice may require.

Amendment History

Orig. Code 1863, § 3922; Code 1868, § 3945; Code 1873, § 4021; Code 1882, § 4021; Penal Code 1895, § 1222; Penal Code 1910, § 1303; Code 1933, § 50-114.

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
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