2019 US Code
Title 28 - Judiciary and Judicial Procedure
Part VI - Particular Proceedings
Chapter 153 - Habeas Corpus
Sec. 2252 - Notice

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Citation 28 U.S.C. § 2252 (2019)
Section Name §2252. Notice
Section Text

Prior to the hearing of a habeas corpus proceeding in behalf of a person in custody of State officers or by virtue of State laws notice shall be served on the attorney general or other appropriate officer of such State as the justice or judge at the time of issuing the writ shall direct.

Source Credit

(June 25, 1948, ch. 646, 62 Stat. 967.)

Editorial Notes HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., §462 (R.S. §762).

Section 462 of title 28, U.S.C., 1940 ed., was limited to alien prisoners described in section 453 of title 28, U.S.C., 1940 ed. The revised section extends to all cases of all prisoners under State custody or authority, leaving it to the justice or judge to prescribe the notice to State officers, to specify the officer served, and to satisfy himself that such notice has been given.

Provision for making due proof of such service was omitted as unnecessary. The sheriff's or marshal's return is sufficient.

Changes were made in phraseology.

Publication Title United States Code, 2018 Edition, Supplement 1, 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. 2252 - Notice
Contains section 2252
Date 2019
Laws In Effect As Of Date January 24, 2020
Positive Law Yes
Disposition standard
Statutes at Large References 62 Stat. 967
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