In all habeas corpus cases, the proceedings shall be returned to the clerk of the superior court of the county the judge of which heard the same or to the probate court if the case was heard by the judge of the probate court and shall be recorded by such officer as are other cases. For such services, the officer shall receive the fees provided by Code Section 15-6-77.
§ 9-14-20.Recordation of proceedings by clerk of court; fees
Chapter 14. Habeas Corpus · Article 1. General Provisions · Last amended 1970 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-14-20 requires habeas proceedings to be returned to and recorded by the clerk of the superior court, or the probate court if the probate judge heard the case, the same way other cases are recorded, with the officer receiving the statutory fees for that work.
Full Text of § 9-14-20
Plain-English Summary
A habeas case does not end when the judge rules. This section makes sure the proceeding leaves a paper trail. The record goes to the clerk of the superior court of the county whose judge heard the case, unless a probate judge heard it instead, in which case the record goes to the probate court. Either way, the clerk records the proceedings the same way any other case gets recorded — habeas corpus does not get a lesser or informal treatment on the docket.
That recordation matters beyond bookkeeping. A recorded proceeding preserves the petition, the writ, the return, and the judge’s disposition in a form the parties, and any reviewing court on appeal, can consult later. The section also addresses compensation, directing that the recording officer receive the fees the Code sets for that service elsewhere in Title 15.
By tying habeas recordation to the same clerk’s office and the same fee schedule as other litigation, this section folds habeas corpus back into Georgia’s ordinary court administration, even though the substance of the proceeding moves on its own faster timeline.
Frequently Asked Questions
Where are habeas corpus proceedings recorded?
With the clerk of the superior court of the county whose judge heard the case, or with the probate court if the probate judge heard it.
Are habeas proceedings recorded differently from other cases?
No. The statute requires them to be recorded the same way other cases are recorded.
What happens if a probate judge, rather than a superior court judge, heard the case?
The proceedings go to the probate court for recording instead of the superior court clerk.
Does the recording officer get paid for this work?
Yes. The officer receives the fees the Code provides for such services.
Why does the record of a habeas case matter after the judge rules?
It preserves the petition, writ, return, and disposition for the parties and for any court reviewing the case on appeal.
Amendment History
Orig. Code 1863, § 3930; Code 1868, § 3953; Code 1873, § 4029; Code 1882, § 4029; Penal Code 1895, § 1232; Penal Code 1910, § 1313; Code 1933, § 50-124; Ga. L. 1970, p. 497, § 5.
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 clerk recordationhabeas corpus court record georgiaprobate court habeas corpus clerk fees