Custody and control of the petitioner shall be retained by the Department of Corrections or other authority having custody of the petitioner. It shall be the duty of the department or authority to produce the petitioner at such times and places as the court may direct.
§ 9-14-46.Custody and production of petitioner
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. § 9-14-46 keeps the petitioner in the physical custody of the Department of Corrections or other detaining authority throughout the habeas case, while requiring that authority to produce the petitioner whenever and wherever the court directs.
Full Text of § 9-14-46
Plain-English Summary
Filing a habeas petition doesn’t move the petitioner anywhere. This section keeps custody and control right where it already sits — with the Department of Corrections or whatever other authority is detaining the petitioner — for the duration of the case.
What changes is a duty to produce, not a transfer of custody. The detaining authority has to bring the petitioner to whatever times and places the court sets, typically for hearings under Code Sections 9-14-47 and 9-14-48. Between those court dates, the petitioner remains under the same custodial arrangement as before the case began.
The arrangement keeps the mechanics of a habeas case separate from the mechanics of incarceration itself: the court decides when the petitioner’s presence is needed, and the custodian handles getting the petitioner there and back.
Frequently Asked Questions
Does filing a habeas petition transfer the petitioner out of the custodian’s control?
No. Custody and control remain with the Department of Corrections or whatever other authority already holds the petitioner.
What is the custodian required to do when the court wants the petitioner present?
Produce the petitioner at the times and places the court directs.
Who decides when the petitioner must be brought before the court?
The court hearing the habeas case.
Does this section give the petitioner a right to be present at every stage of the case?
No. It addresses the custodian’s duty to produce the petitioner as directed; it doesn’t itself create a presence requirement.
Does this rule apply the same way regardless of which agency holds the petitioner?
Yes. It applies to the Department of Corrections and to any other authority having custody of the petitioner alike.
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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