§ 2252. — Notice.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2252]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 153--HABEAS CORPUS
Sec. 2252. Notice
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.
(June 25, 1948, ch. 646, 62 Stat. 967.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 462 (R.S. Sec. 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.
