Title 28, Judiciary and Judicial ProcedureRelease 119-102
§2242 Application
Title 28 › PART VI — PARTICULAR PROCEEDINGS › CHAPTER 153 — HABEAS CORPUS › § 2242
Summary
You must file a signed, verified habeas application by the person or someone acting for them. It must say who holds the person and why, may be amended under rules, and if filed with the Supreme Court or a circuit judge must explain why the district court where held wasn't used first.
Full Legal Text
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.
Legislative History
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.
Reference
Citations & Metadata
Citation
28 U.S.C. § 2242
Title 28, Judiciary and Judicial Procedure
Last Updated
Aug 21, 2026
Release point: 119-102