Title 28Judiciary and Judicial ProcedureRelease 119-73

§2252 Notice

Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 153— - HABEAS CORPUS › § 2252

Last updated Apr 6, 2026|Official source

Full Legal Text

Title 28, §2252

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

Prior to the hearing of a habeas corpus proceeding in behalf of a person in custody of State officers or by virtue of State laws notice shall be served on the attorney general or other appropriate officer of such State as the justice or judge at the time of issuing the writ shall direct.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 462 (R.S. § 762). Section 462 of title 28, U.S.C., 1940 ed., was limited to alien prisoners described in section 453 of title 28, U.S.C., 1940 ed. The revised section extends to all cases of all prisoners under State custody or authority, leaving it to the justice or judge to prescribe the notice to State officers, to specify the officer served, and to satisfy himself that such notice has been given. Provision for making due proof of such service was omitted as unnecessary. The sheriff’s or marshal’s return is sufficient. Changes were made in phraseology.

Reference

Citations & Metadata

Citation

28 U.S.C. § 2252

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73