§2242 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

To ask for a writ of habeas corpus, file a written, signed, and sworn request by the person or someone acting for them that says why they are detained, who holds them, and by what authority if known. The request can be amended under civil rules. If you file it with the Supreme Court, a justice, or a circuit judge, you must explain why you did not first apply to the district court where the person is held.

Title 28, §2242

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 454 (R.S. § 754). Words “or by someone acting in his behalf” were added. This follows the actual practice of the courts, as set forth in United States ex rel. Funaro v. Watchorn, C.C. 1908, 164 F. 152; Collins v. Traeger, C.C.A. 1928, 27 F.2d 842, and cases cited. The third paragraph is new. It was added to conform to existing practice as approved by judicial decisions. See Dorsey v. Gill (App.D.C.) 148 F.2d 857, 865, 866. See also Holiday v. Johnston, 61 S.Ct. 1015, 313 U.S. 342, 85 L.Ed. 1392. Changes were made in phraseology.

§2242 Application

Summary

Title 28, §2242

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata