28 USC 2246: Evidence; depositions; affidavits
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28 USC 2246: Evidence; depositions; affidavits Text contains those laws in effect on April 17, 2024
From Title 28-JUDICIARY AND JUDICIAL PROCEDUREPART VI-PARTICULAR PROCEEDINGSCHAPTER 153-HABEAS CORPUS
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§2246. Evidence; depositions; affidavits

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.

(June 25, 1948, ch. 646, 62 Stat. 966 .)

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.