Service of a petition brought under this article shall be made upon the person having custody of the petitioner. If the petitioner is being detained under the custody of the Department of Corrections, an additional copy of the petition shall be served on the Attorney General. If the petitioner is being detained under the custody of some authority other than the Department of Corrections, an additional copy of the petition shall be served upon the district attorney of the county in which the petition is filed. Service upon the Attorney General or the district attorney may be had by mailing a copy of the petition and a proper certificate of service.
§ 9-14-45.Petition — Service
Chapter 14. Habeas Corpus · Article 2. Procedure for Persons under Sentence of State Court of Record · Last amended 1985 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-14-45 requires a habeas petition to be served on the petitioner’s custodian, with an extra copy going to the Attorney General for a Department of Corrections inmate or to the county district attorney for anyone held elsewhere, and allows that extra copy to be served by mail.
Full Text of § 9-14-45
Plain-English Summary
Once a habeas petition is ready, this section tells the petitioner where the copies go. The primary respondent is the petitioner’s custodian — the person holding the petitioner — and service on that custodian is what gets the case moving.
A second copy travels a different path depending on who that custodian is. If the Department of Corrections holds the petitioner, the second copy goes to the Attorney General. If some other authority holds the petitioner instead, the second copy goes to the district attorney of the county where the petition is filed. Either way, that second copy doesn’t need formal service; mailing it along with a proper certificate of service is enough.
The distinction reflects who holds the state’s interest in the case at hand: the Attorney General’s office handles matters touching state prison custody, while a local district attorney is positioned to respond when a county authority, rather than a state agency, is doing the detaining.
Frequently Asked Questions
Who is the proper respondent to be served with a habeas petition under this article?
The person having custody of the petitioner.
Does anyone besides the custodian need to receive a copy?
Yes. A second copy goes to the Attorney General if the Department of Corrections holds the petitioner, or to the district attorney of the filing county if some other authority holds the petitioner.
Can the extra copy for the Attorney General or district attorney be mailed instead of formally served?
Yes. Service on the Attorney General or the district attorney may be had by mailing a copy of the petition with a proper certificate of service.
What happens if a county jail, rather than the Department of Corrections, holds the petitioner?
The additional copy goes to the district attorney of the county where the petition is filed, not to the Attorney General.
Are service on the custodian and the additional-copy requirement separate obligations?
Yes. The statute treats them as distinct requirements, both of which must be met.
Amendment History
Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3; Ga. L. 1985, p. 283, § 1.
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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