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2019 US Code
Title 28 - Judiciary and Judicial Procedure
Part VI - Particular Proceedings
Chapter 153 - Habeas Corpus
Sec. 2248 - Return or answer; conclusiveness
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| 28 U.S.C. § 2248 (2019) |
| §2248. Return or answer; conclusiveness |
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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. |
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(June 25, 1948, ch. 646, 62 Stat. 966.) |
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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. |
| United States Code, 2018 Edition, Supplement 1, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART VI - PARTICULAR PROCEEDINGS CHAPTER 153 - HABEAS CORPUS Sec. 2248 - Return or answer; conclusiveness |
| section 2248 |
| 2019 |
| January 24, 2020 |
| Yes |
| standard |
| 62 Stat. 966 |
| H.R.4232 79th Congress |
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