Rule 44.10.Preparation of Transcript
Rule 44. HABEAS CORPUS PROCEEDINGS IN DEATH SENTENCE CASES · Last amended 1996 · Last verified July 17, 2026
Full Text of Rule 44.10
Plain-English Summary
Once the evidentiary hearing concludes, Rule 44.10 puts the record into usable form. A court reporter designated under OCGA § 9-14-50 transcribes the hearing, and that transcript must be available to the parties and the court within thirty days after the hearing ends.
That thirty-day window matters because of what comes next. Under Rule 44.11, the petitioner’s opening post-hearing brief is due sixty days after the hearing — counted from the hearing itself, not from when the transcript arrives. A transcript that shows up on day thirty leaves counsel roughly a month to work the record into a brief before that first deadline.
By fixing a firm, short deadline for transcript delivery, Rule 44.10 keeps the record from becoming the bottleneck in a case where every other stage already runs on a tight clock.
Frequently Asked Questions
Who transcribes the evidentiary hearing in a death-penalty habeas case?
A court reporter designated by the court hearing the case.
What statute governs the court reporter’s role here?
OCGA § 9-14-50.
How soon must the transcript be made available?
Within thirty days after the evidentiary hearing.
Who receives the completed transcript?
The parties and the court.
How does the transcript deadline relate to the briefing deadlines in Rule 44.11?
Because the transcript is due thirty days after the hearing and the petitioner’s opening brief is due sixty days after the hearing, the transcript should ordinarily be in hand well before that first briefing deadline.
Amendment History
Amended effective January 11, 1996.