§ 9-14-50.Recordings or transcriptions of proceedings
Chapter 14. Habeas Corpus · Article 2. Procedure for Persons under Sentence of State Court of Record · Last amended 2026 · Last verified July 17, 2026
Full Text of § 9-14-50
Plain-English Summary
A habeas trial under this article has to leave a record behind, and this section says how. Every such trial must be captured on a digital recording system, defined elsewhere in Georgia’s court statutes, following uniform rules the Supreme Court adopts with the input of the councils representing the affected trial courts — and then transcribed by a court reporter. As an alternative, the superior court hearing the case can instead have the proceedings taken down and transcribed by a court reporter directly.
The requirement traces back to the article’s original 1967 enactment, and a 2025 amendment updated the recording method itself, replacing older language with the current digital-recording-system requirement, effective January 1, 2026. The underlying purpose hasn’t changed across that update: without a dependable transcript, neither a losing party nor the Supreme Court reviewing an application for a certificate of probable cause would have an accurate account of what happened at the hearing.
Which of the two methods applies — digital recording plus transcription, or direct court-reporter transcription — is left to the superior court hearing the case to designate.
Frequently Asked Questions
Does this section require a court reporter to be present at every habeas trial under this article?
It requires the trial be recorded via a digital recording system and transcribed by a court reporter, or taken down and transcribed by a court reporter, whichever the superior court designates.
What governs how the digital recording system is used?
Uniform court rules adopted and published by order of the Supreme Court, with the advice and consent of the council of the affected class or classes of trial courts.
Who decides which recording method applies to a given habeas case?
The superior court hearing the case.
Why does the statute require this kind of record?
Without a reliable transcript of the trial, neither the losing party nor the Supreme Court reviewing a certificate of probable cause application would have an accurate account of the proceedings.
Is this recording requirement new?
The underlying duty to record and transcribe habeas trials dates to 1967; the specific requirement of a digital recording system was added by a 2025 amendment effective January 1, 2026.
Amendment History
Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3; Ga. L. 2025, p. 151, § 1-2/HB 179, effective January 1, 2026.