The writ of habeas corpus shall be served by delivery of a copy thereof by any officer authorized to make a return of any process or by any other citizen. The entry of the officer or the affidavit of the citizen serving the writ shall be sufficient evidence of the service. The person serving the writ shall exhibit the original if required to do so. If personal service cannot be effected, the writ may be served by leaving a copy at the house, jail, or other place in which the party in whose behalf the writ issues is detained.
§ 9-14-8.Service of writ
Chapter 14. Habeas Corpus · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-14-8 lets an authorized officer or any other citizen serve the writ of habeas corpus by delivering a copy, treats the server’s entry or affidavit as sufficient proof of service, requires the original be shown if requested, and allows substituted service by leaving a copy at the place of detention when personal service cannot be made.
Full Text of § 9-14-8
Plain-English Summary
Georgia does not limit who can serve a writ of habeas corpus to sheriffs or marshals. This section opens service to any officer authorized to serve process and, notably, to any other citizen — a choice that reflects how urgent habeas relief can be and how important it is that service not stall on the availability of a particular official.
Proof of service is kept plain. Whoever serves the writ — officer or citizen — creates sufficient evidence of service through the officer’s entry or the citizen’s affidavit. The person who served it must show the original writ if asked, which guards against disputes over whether the copy delivered matched the writ the judge signed.
When personal delivery is not possible, the statute allows substituted service: leaving a copy at the house, jail, or other place where the detained person is being held. That fallback keeps the process moving even when the respondent cannot be handed the writ directly.
Frequently Asked Questions
Who can serve a writ of habeas corpus in Georgia?
Any officer authorized to serve process, or any other citizen — the statute does not limit service to law enforcement.
How is service proven?
By the officer’s entry or the citizen’s affidavit of service, which the statute treats as sufficient evidence that service occurred.
Must the person serving the writ show the original document?
Yes, if required to do so — the server must be able to exhibit the original writ, not just the copy delivered.
What happens if personal service on the respondent cannot be made?
The writ may be served by leaving a copy at the house, jail, or other place where the detained person is held.
Does the statute require a sheriff or law enforcement officer to serve the writ?
No. An ordinary citizen may serve it, in addition to an officer authorized to serve process.
Amendment History
Orig. Code 1863, § 3915; Code 1868, § 3939; Code 1873, § 4015; Code 1882, § 4015; Penal Code 1895, § 1216; Penal Code 1910, § 1297; Code 1933, § 50-108.
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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