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§ 9-14-6.Form of writ

Chapter 14. Habeas Corpus · Article 1. General Provisions · Last amended 1999 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-14-6 supplies a model form for the writ of habeas corpus — a case caption naming the petitioner and respondent, a command directed to the respondent to produce the detained person and the cause of detention by a set date and time, and the judge’s signature — which the statute says may be followed substantially rather than word for word.

Full Text of § 9-14-6

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The writ of habeas corpus may be substantially as follows: IN THE ______________________ COURT OF ______________________ COUNTY STATE OF GEORGIA
A.B., )
Petitioner ) )
v. ) Civil action )
C.D., ) File no. ______________________
Respondent ) WRIT OF HABEAS CORPUS To C.D.:
You are hereby commanded to produce the body of ______________________, alleged to be illegally detained by you, together with the cause of the detention, before me on the ______________________ day of ______________________, ______________________, at ______________________: ______________________ ______________________.M., then and there to be disposed of as the law directs. Given under my hand and official signature, this ______________________ day of ______________________, ______________________.
______________________ Judge

Plain-English Summary

Where earlier sections describe what a petition must contain, this one shows what the writ itself looks like once a judge issues it. The form runs through the standard elements of a Georgia civil action caption — the court, the county, the parties labeled Petitioner and Respondent, a civil action file number — before turning to the operative command.

That command is addressed directly to the respondent by name. It orders the respondent to produce the body of the named or described detained person, along with the cause of the detention, at a specific date, time, and place. The form closes with the judge’s signature line. Because the statute introduces this template with “may be substantially as follows,” it is a guide rather than a script — a writ that departs from the exact phrasing or layout still satisfies the statute so long as it carries the same substance: identification of the parties, the command to produce the person and the cause of detention, and a return date and place.

The 1999 amendment to this section brought the form current with modern civil-action captioning conventions, but the underlying command — produce the body, state the cause, appear at a set time — traces back to the section’s nineteenth-century origins.

Frequently Asked Questions

Is the exact wording of this form mandatory?

No. The statute introduces it with “may be substantially as follows,” so a writ that departs from the precise wording still satisfies the section as long as it covers the same substance.

What must the writ command the respondent to do?

Produce the body of the detained person, along with the cause of the detention, before the judge at a specified date, time, and place.

Who signs the writ?

The judge who issues it, using the signature line at the close of the form.

What does the case caption on the writ look like?

It follows the standard Georgia civil action format — court and county, the petitioner and respondent named, and a civil action file number.

Does a minor deviation from this form invalidate the writ?

No. Because the statute treats the form as a model rather than a mandatory script, small variations in wording or layout do not undermine a writ that contains the required substance.

Amendment History

Orig. Code 1863, § 3913; Code 1868, § 3937; Code 1873, § 4013; Code 1882, § 4013; Penal Code 1895, § 1214; Penal Code 1910, § 1295; Code 1933, § 50-106; Ga. L. 1999, p. 81, § 9.

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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