When upon examination of the petition for a writ of habeas corpus it appears to the judge that the restraint of liberty is illegal, he shall grant the writ, requiring the person restraining the liberty of another or illegally detaining such person in his custody to bring the person before him at a time and place to be specified in the writ for the purpose of an examination into the cause of the detention.
§ 9-14-5.When writ granted
Chapter 14. Habeas Corpus · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-14-5 requires the judge to grant the writ once the petition shows on its face that the restraint of liberty appears illegal, ordering the person holding the detainee to bring them before the judge at a specified time and place for examination.
Full Text of § 9-14-5
Plain-English Summary
This section marks the moment a habeas petition turns into an actual writ. The judge’s role at this stage is limited to examining the petition itself — not holding a hearing on the merits, but checking whether, as written, it makes the restraint look illegal. Once it does, the statute leaves no room for discretion: the judge shall grant the writ.
Granting the writ means ordering the person doing the restraining to produce the detained person at a specific time and place, so that the judge can examine the actual cause of the detention. That examination — the substantive hearing on legality — happens later, once the writ issues and the respondent makes a return. This section governs only the threshold decision to issue the writ at all.
The mandatory language here (“he shall grant the writ”) is worth noting because it contrasts with the discretion built into other steps of the habeas process. Once the petition clears this initial bar, the judge does not get to decline to issue the writ; the statute commands it.
Frequently Asked Questions
Is granting the writ discretionary with the judge?
No. Once the petition shows on its face that the restraint appears illegal, the statute requires the judge to grant the writ.
What standard does the judge apply at this stage?
A threshold one — whether the petition, as presented, makes the restraint of liberty appear illegal. The full examination of the actual legality happens later, at the hearing on the return.
What must the writ require the respondent to do?
Bring the detained person before the judge at a specified time and place so the judge can examine the cause of the detention.
Does granting the writ decide whether the detention is unlawful?
No. Granting the writ only starts the process; the judge determines the legality of the detention after the return and any hearing that follows.
Who is ordered to produce the detained person once the writ is granted?
The person restraining the liberty of the detainee, or the person illegally detaining them, whichever applies to the case.
Amendment History
Orig. Code 1863, § 3912; Code 1868, § 3936; Code 1873, § 4012; Code 1882, § 4012; Penal Code 1895, § 1213; Penal Code 1910, § 1294; Code 1933, § 50-104.
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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