28 U.S.C. § 2242 — Application
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 113 words · no verdicts yet
A habeas corpus application must be written, signed, and verified, and must state the required facts about custody. It must also explain why a district-court application was not made when directed to the Supreme Court or a circuit judge.
An application for a habeas corpus writ must be written, signed, and verified by the person seeking relief or someone acting for that person. It must state the facts about the person’s commitment or detention, the custodian’s name, and the claim or authority for custody if known. It may be amended or supplemented under civil-action procedure rules. If directed to the Supreme Court, one of its justices, or a circuit judge, it must state why it was not filed in the district court* where the person is held.
Application for a writ of habeas corpus shall be in writing signed and verified by the person for whose relief it is intended or by someone acting in his behalf.
It shall allege the facts concerning the applicant’s commitment or detention, the name of the person who has custody over him and by virtue of what claim or authority, if known.
It may be amended or supplemented as provided in the rules of procedure applicable to civil actions.
If addressed to the Supreme Court, a justice thereof or a circuit judge it shall state the reasons for not making application to the district court* of the district* in which the applicant is held.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 965.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 965
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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