§ 2246. — Evidence; depositions; affidavits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2246]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 153--HABEAS CORPUS
Sec. 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.
