Petition for Writ - Contents

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Habeas Corpus
  5. General Provisions
  6. Petition for Writ - Contents

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The application for the writ of habeas corpus shall be by petition in writing, signed by the applicant, his attorney or agent, or some other person in his behalf, and shall state:

  1. The name or description of the person whose liberty is restrained;
  2. The person restraining, the mode of restraint, and the place of detention as nearly as practicable;
  3. The cause or pretense of the restraint. If the restraint is under the pretext of legal process, a copy of the process must be annexed to the petition if this is within the power of the applicant;
  4. A distinct averment of the alleged illegality in the restraint or of any other reason why the writ of habeas corpus is sought; and
  5. A prayer for the writ of habeas corpus.

(Orig. Code 1863, § 3910; Code 1868, § 3934; Code 1873, § 4010; Code 1882, § 4010; Penal Code 1895, § 1211; Penal Code 1910, § 1292; Code 1933, § 50-102.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, § 144 et seq.

13 Am. Jur. Pleading and Practice Forms, Habeas Corpus, § 18.

C.J.S.

- 39A C.J.S., Habeas Corpus, § 288 et seq. 55 C.J.S., Marriage, §§ 12, 13.

ALR.

- Disqualification of judge who presided at trial or of juror as ground of habeas corpus, 124 A.L.R. 1079.

Judgment favorable to convicted criminal defendant in subsequent civil action arising out of same offense as ground for reversal of conviction, 96 A.L.R.3d 1174.


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