Asked in Criminal Law and Constitutional Law for Georgia

Q: What is the limited amount of time to get a granted or denied answer to a habeas corpus after the hearing?

Today is April 9 2024

I went to my habeas hearing in December of 2021, I have not received any notice yet. Nor have a received the transcripts documents from the hearing as well. What's the limited time to get a response back?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: I apologize for the confusion, but there seems to be an inconsistency in the dates you provided. You mentioned that today is April 9, 2024, but you also stated that you went to your habeas hearing in December 2021, which would be more than two years ago.

Regarding the time limit for receiving a decision on a habeas corpus petition, the specific rules may vary depending on the jurisdiction and the court handling the case. However, in general, courts are expected to make a decision on a habeas corpus petition within a reasonable time frame.

According to the Federal Rules of Civil Procedure, Rule 12, a court should issue a decision on a habeas corpus petition "promptly." The term "promptly" is not specifically defined, but it is generally understood to mean that the court should make a decision as quickly as possible, given the complexity of the case and the court's caseload.

If you have not received a decision on your habeas corpus petition after a significant period of time, such as several months or more than a year, you may want to consider following up with the court or your attorney to inquire about the status of your case. Additionally, if you have not received the transcripts and documents from the hearing, you should contact the court or your attorney to request them.

It's important to note that the COVID-19 pandemic has caused delays in many court proceedings, so it's possible that the processing of your habeas corpus petition has been affected by these circumstances.

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