2012 US Code
Title 28 - Judiciary and Judicial Procedure
Part VI - PARTICULAR PROCEEDINGS (§§ 2201 - 4105)
Chapter 153 - HABEAS CORPUS (§§ 2241 - 2256)
Section 2248 - Return or answer; conclusiveness
|Publication Title||United States Code, 2012 Edition, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
PART VI - PARTICULAR PROCEEDINGS
CHAPTER 153 - HABEAS CORPUS
Sec. 2248 - Return or answer; conclusiveness
|Laws in Effect as of Date||January 15, 2013|
|Source Credit||June 25, 1948, ch. 646, 62 Stat. 966.|
|Statutes at Large Reference||62 Stat. 966|
|Congressional Bill Reference||Unknown Value4232 79th Congress|
The allegations of a return to the writ of habeas corpus or of an answer to an order to show cause in a habeas corpus proceeding, if not traversed, shall be accepted as true except to the extent that the judge finds from the evidence that they are not true.
(June 25, 1948, ch. 646, 62 Stat. 966.)Historical and Revision Notes
Derived from H.R. 4232, Seventy-ninth Congress, first session. At common law the return was conclusive and could not be controverted but it is now almost universally held that the return is not conclusive of the facts alleged therein. 39 C.J.S. pp. 664–666, §§98, 99.
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