Title 28, Judiciary and Judicial ProcedureRelease 119-102
§2246 Evidence; Depositions; Affidavits
Title 28 › PART VI — PARTICULAR PROCEEDINGS › CHAPTER 153 — HABEAS CORPUS › § 2246
Summary
Judge may take habeas evidence orally, deposition, or affidavit; parties can ask written questions or file reply affidavits.
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
Aug 21, 2026
Release point: 119-102