Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§2245 Certificate of trial judge admissible in evidence
Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 153— - HABEAS CORPUS › § 2245
Summary
When a court reviews whether a judge’s sentence is lawful, the trial judge’s written account of what happened must be allowed as evidence and filed in both the reviewing court and the court where the trial took place.
Full Legal Text
Title 28, §2245
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
On the hearing of an application for a writ of habeas corpus to inquire into the legality of the detention of a person pursuant to a judgment the certificate of the judge who presided at the trial resulting in the judgment, setting forth the facts occurring at the trial, shall be admissible in evidence. Copies of the certificate shall be filed with the court in which the application is pending and in the court in which the trial took place.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
This section makes no substantive change in existing law. It is derived from H.R. 4232 introduced in the first session of the Seventy-ninth Congress by Chairman Sumners of the House Committee on the Judiciary. It clarifies existing law and promotes uniform procedure.
Reference
Citations & Metadata
Citation
28 U.S.C. § 2245
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73