Title 9, Chapter 14, Section 48
(a) The court may receive proof by depositions, oral testimony,
sworn affidavits, or other evidence. No other forms of discovery
shall be allowed except upon leave of court and a showing of
(b) The taking of depositions or depositions upon written questions by either party shall be governed by Code Sections 9-11-26 through 9-11-32 and 9-11-37; provided, however, that the time allowed in Code Section 9-11-31 for service of cross-questions upon all other parties shall be ten days from the date the notice and written questions are served.
(c) If sworn affidavits are intended by either party to be
introduced into evidence, the party intending to introduce such an
affidavit shall cause it to be served upon the opposing party at
least ten days in advance of the date set for a hearing in the case.
The affidavit so served shall include the address and telephone
number of the affiant, home or business, if known, to provide the
opposing party a reasonable opportunity to contact the affiant;
failure to include this information in any affidavit shall render
the affidavit inadmissible. The affidavit shall also be accompanied
by a notice of the party's intention to introduce it into evidence.
The superior court judge considering the petition for writ of habeas
corpus may resolve disputed issues of fact upon the basis of sworn
affidavits standing by themselves.
(d) The court shall review the trial record and transcript of
proceedings and consider whether the petitioner made timely motion
or objection or otherwise complied with Georgia procedural rules at
trial and on appeal and whether, in the event the petitioner had new
counsel subsequent to trial, the petitioner raised any claim of
ineffective assistance of trial counsel on appeal; and absent a
showing of cause for noncompliance with such requirement, and of
actual prejudice, habeas corpus relief shall not be granted. In all
cases habeas corpus relief shall be granted to avoid a miscarriage
of justice. If the court finds in favor of the petitioner, it shall
enter an appropriate order with respect to the judgment or sentence
challenged in the proceeding and such supplementary orders as to
rearraignment, retrial, custody, or discharge as may be necessary