After reviewing the pleadings and evidence offered at the trial of the case, the judge of the superior court hearing the case shall make written findings of fact and conclusions of law upon which the judgment is based. The findings of fact and conclusions of law shall be recorded as part of the record of the case.
§ 9-14-49.Findings of fact and conclusions of law
Chapter 14. Habeas Corpus · Article 2. Procedure for Persons under Sentence of State Court of Record · Last amended 1967 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-14-49 requires the superior court judge who hears a habeas case under this article to put written findings of fact and conclusions of law behind the judgment, and to make those findings part of the case record.
Full Text of § 9-14-49
Plain-English Summary
A habeas judgment under this article doesn’t stand alone — it has to come with a written explanation. This section requires the superior court judge, after reviewing the pleadings and the evidence from the hearing, to put the reasoning behind the judgment into written findings of fact and conclusions of law, and to make those findings part of the case record.
That written record matters beyond the trial court itself. An unsuccessful petitioner who wants to appeal has to persuade the Supreme Court to issue a certificate of probable cause under Code Section 9-14-52, and the Supreme Court’s review of that request draws on exactly the findings and conclusions this section requires.
The requirement applies without regard to which side won. Whether the judge denies the petition or grants relief, the same duty to explain the ruling in writing applies, giving both sides — and any reviewing court — a fixed record of why the case came out the way it did.
Frequently Asked Questions
What must the habeas judge produce after reviewing the case?
Written findings of fact and conclusions of law explaining the basis for the judgment.
Is an oral ruling from the bench enough to satisfy this section?
No. The findings and conclusions must be written and recorded as part of the case record.
Why does this requirement matter for a later appeal?
An unsuccessful petitioner needs a certificate of probable cause to appeal, and the Supreme Court’s review of that application draws on the written findings and conclusions the judge made.
Does this requirement apply regardless of which side wins the habeas case?
Yes. The section applies to the judgment generally, without limiting the requirement to rulings favoring either the petitioner or the respondent.
What does the judge review before issuing these findings?
The pleadings and the evidence offered at the trial of the habeas case.
Amendment History
Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3.
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 findings of factwritten order habeas corpus georgiaconclusions of law habeas judgment georgiahabeas corpus record for appeal georgia