If the person who is the subject of a petition for the writ of habeas corpus is detained upon a criminal charge and the district attorney is in the county, he shall be notified of the hearing. If he is not, the notice shall be given to the prosecutor of the criminal charge.
§ 9-14-15.To whom notice of hearing given
Chapter 14. Habeas Corpus · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-14-15 requires notice of a habeas hearing to go to the district attorney when the detained person is held on a criminal charge and the district attorney is in the county, or to the prosecutor of the criminal charge if the district attorney is not.
Full Text of § 9-14-15
Plain-English Summary
When a habeas petition challenges someone’s detention on a criminal charge, the state has an interest in the outcome — a ruling that discharges the detained person effectively ends or interrupts that prosecution. This section makes sure the prosecution’s side gets word of the hearing.
The default is notice to the district attorney, but only if the district attorney is in the county. If not, the statute redirects notice to the prosecutor of the criminal charge, which covers situations where a different official, historically a private prosecutor or another law enforcement figure, is handling that particular case. Either way, someone representing the state’s interest in the criminal matter is entitled to know the hearing is happening.
This notice requirement applies specifically to criminal detentions. A habeas case over a civil confinement, or the custody of a spouse or child under Code Section 9-14-2, does not trigger this particular notice obligation, since there is no criminal charge or prosecutor to notify.
Frequently Asked Questions
When must the district attorney be notified of a habeas hearing?
When the person who is the subject of the habeas petition is detained on a criminal charge and the district attorney is in the county.
Who gets notice if the district attorney is not in the county?
The prosecutor of the criminal charge instead.
Does this notice requirement apply to civil habeas cases?
No. It applies where the detained person is held on a criminal charge; civil detentions do not involve a prosecutor to notify under this section.
Why does the statute require notice to the prosecution in criminal habeas cases?
Because a ruling discharging the detained person affects the pending criminal charge, giving the state a direct interest in appearing at the hearing.
What happens if neither the district attorney nor a prosecutor receives notice?
The statute treats notice as a requirement of the hearing process, so proceeding without it departs from the procedure this section sets out.
Amendment History
Ga. L. 1851-52, p. 236, § 1; Code 1863, § 3931; Code 1868, § 3954; Code 1873, § 4030; Code 1882, § 4030; Penal Code 1895, § 1233; Penal Code 1910, § 1314; Code 1933, § 50-120.
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 district attorney noticenotice of habeas corpus hearing georgiacriminal habeas corpus prosecutor notice