28-U.S.C.-2242
§2242 – Application
Pathway
Title 28 > Part VI > Chapter 153 > Section 2242
Details
- Reference: Section 2242
- Legend: §2242 – Application
- USCode Year: 2013
Provision Content
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 applicants 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.
(June 25, 1948, ch. 646, 62 Stat. 965.)
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.
U.S. Encyclopedia of Law Coverage
28-U.S.C.-2105 in the Legal Encyclopedia: Judiciary
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Title 28 – Judiciary And Judicial Procedure in the Legal Encyclopedia: Proceedings
In this entry about Title 28 – Judiciary And Judicial Procedure, find legal reference material, bibliographies and premiere content related to proceedings in the American Encyclopedia of Law, presenting a comprehensive view of the United States proceedings-specific issues, written by authorities in the field.
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