§2266 Limitation Periods for Determining Applications and Motions

Summary

Federal courts must give priority to habeas petitions in death-penalty cases and to 2255 motions by people under a death sentence over all noncapital matters. A district court must issue a final decision in a capital habeas case no later than 450 days after the petition is filed or 60 days after the case is submitted for decision, whichever comes first. The parties must have at least 120 days to finish pleadings, briefs, and, if needed, a hearing before the case is submitted. A judge may grant one extra 30-day delay only if the judge writes down reasons and considers factors like whether refusal would likely cause a miscarriage of justice, whether the case is unusually complex or involves many defendants or novel issues, or whether more time is needed to get or keep counsel or allow proper preparation. A delay cannot be granted just because the court’s calendar is busy. Copies of such delay orders must be sent to the Administrative Office. Courts of appeals must decide appeals in these cases within 120 days after the reply brief is filed, or if there is no reply, within 120 days after the answering brief. Decisions on rehearing petitions must be made within 30 days, and if rehearing is granted the appeal must be finished within 120 days of that order. The timing rules cover initial, later, and remanded cases (timing after remand runs from the remand date). The rules do not create a right to a stay of execution. No amendment to a petition is allowed after the answer is filed except as section 2244(b) permits. Missing a deadline is not a reason to undo a conviction or sentence. The Administrative Office must report annually to Congress on compliance and include copies of delay orders.