Except as otherwise provided in Code Section 9-14-47.1 with respect to petitions challenging for the first time state court proceedings resulting in a sentence of death, within 20 days after the filing and docketing of a petition under this article or within such further time as the court may set, the respondent shall answer or move to dismiss the petition. The court shall set the case for a hearing on the issues within a reasonable time after the filing of defensive pleadings.
§ 9-14-47.Time for answer and hearing
Chapter 14. Habeas Corpus · Article 2. Procedure for Persons under Sentence of State Court of Record · Last amended 1995 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-14-47 gives the respondent 20 days after a habeas petition is filed and docketed, or whatever longer period the court sets, to answer or move to dismiss, and directs the court to set a hearing within a reasonable time after those defensive pleadings come in, subject to the different schedule Code Section 9-14-47.1 sets for first-time death sentence challenges.
Full Text of § 9-14-47
Plain-English Summary
Once a petition is filed and docketed, the clock starts for the respondent’s response: 20 days to answer or move to dismiss, unless the court sets a longer period. That deadline gives the case an early pace without locking the court into a fixed number it can’t adjust for a complicated petition.
After the defensive pleadings come in, the statute asks the court to set a hearing within a reasonable time — not a fixed count of days, but an outer boundary that keeps the case from drifting. Between the 20-day answer deadline and the reasonable-time hearing requirement, this section supplies the basic timetable for an ordinary habeas case under this article.
That timetable isn’t universal. Code Section 9-14-47.1 sets its own, more detailed schedule for a petition challenging a death sentence for the first time, and this section defers to that schedule rather than applying its 20-day rule to those cases.
Frequently Asked Questions
How long does the respondent have to answer or move to dismiss a habeas petition?
20 days after the petition is filed and docketed, or a longer period if the court sets one.
Is there a fixed deadline for the habeas hearing itself?
No. The court sets the hearing within a reasonable time after the defensive pleadings are filed, rather than a fixed number of days.
Does this 20-day answer period apply to every habeas case under this article?
No. Code Section 9-14-47.1 sets a different schedule for petitions challenging a death sentence for the first time.
Can the court extend the respondent’s time to answer?
Yes. The statute allows the court to set a further time beyond the 20 days.
What can the respondent file instead of an answer?
A motion to dismiss the petition.
Amendment History
Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3; Ga. L. 1995, p. 381, § 4.
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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