Title 28, Judiciary and Judicial ProcedureRelease 119-102
§2252 Notice
Title 28 › PART VI — PARTICULAR PROCEEDINGS › CHAPTER 153 — HABEAS CORPUS › § 2252
Summary
Before a state-custody habeas hearing, the judge must notify the state attorney general or another state official the judge names.
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 28, Judiciary and Judicial Procedure
Last Updated
Aug 21, 2026
Release point: 119-102