Title 28 — Judiciary and Judicial ProcedureRelease 119-73

§2246 Evidence; depositions; affidavits

Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 153— - HABEAS CORPUS › § 2246

Last updated Apr 6, 2026|Official source

Full Legal Text

Title 28, §2246

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

On application for a writ of habeas corpus, evidence may be taken orally or by deposition, or, in the discretion of the judge, by affidavit. If affidavits are admitted any party shall have the right to propound written interrogatories to the affiants, or to file answering affidavits.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

This section 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 practice without substantial change.

Reference

Citations & Metadata

Citation

28 U.S.C. § 2246

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73