§ 2266. — Limitation periods for determining applications and motions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 28USC2266]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
Sec. 2266. Limitation periods for determining applications and
motions
(a) The adjudication of any application under section 2254 that is
subject to this chapter, and the adjudication of any motion under
section 2255 by a person under sentence of death, shall be given
priority by the district court and by the court of appeals over all
noncapital matters.
(b)(1)(A) A district court shall render a final determination and
enter a final judgment on any application for a writ of habeas corpus
brought under this chapter in a capital case not later than 180 days
after the date on which the application is filed.
(B) A district court shall afford the parties at least 120 days in
which to complete all actions, including the preparation of all
pleadings and briefs, and if necessary, a hearing, prior to the
submission of the case for decision.
(C)(i) A district court may delay for not more than one additional
30-day period beyond the period specified in subparagraph (A), the
rendering of a determination of an application for a writ of habeas
corpus if the court issues a written order making a finding, and stating
the reasons for the finding, that the ends of justice that would be
served by allowing the delay outweigh the best interests of the public
and the applicant in a speedy disposition of the application.
(ii) The factors, among others, that a court shall consider in
determining whether a delay in the disposition of an application is
warranted are as follows:
(I) Whether the failure to allow the delay would be likely to
result in a miscarriage of justice.
(II) Whether the case is so unusual or so complex, due to the
number of defendants, the nature of the prosecution, or the
existence of novel questions of fact or law, that it is unreasonable
to expect adequate briefing within the time limitations established
by subparagraph (A).
(III) Whether the failure to allow a delay in a case that, taken
as a whole, is not so unusual or so complex as described in
subclause (II), but would otherwise deny the applicant reasonable
time to obtain counsel, would unreasonably deny the applicant or the
government continuity of counsel, or would deny counsel for the
applicant or the government the reasonable time necessary for
effective preparation, taking into account the exercise of due
diligence.
(iii) No delay in disposition shall be permissible because of
general congestion of the court's calendar.
(iv) The court shall transmit a copy of any order issued under
clause (i) to the Director of the Administrative Office of the United
States Courts for inclusion in the report under paragraph (5).
(2) The time limitations under paragraph (1) shall apply to--
(A) an initial application for a writ of habeas corpus;
(B) any second or successive application for a writ of habeas
corpus; and
(C) any redetermination of an application for a writ of habeas
corpus following a remand by the court of appeals or the Supreme
Court for further proceedings, in which case the limitation period
shall run from the date the remand is ordered.
(3)(A) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to which the
applicant would otherwise not be entitled, for the purpose of litigating
any application or appeal.
(B) No amendment to an application for a writ of habeas corpus under
this chapter shall be permitted after the filing of the answer to the
application, except on the grounds specified in section 2244(b).
(4)(A) The failure of a court to meet or comply with a time
limitation under this section shall not be a ground for granting relief
from a judgment of conviction or sentence.
(B) The State may enforce a time limitation under this section by
petitioning for a writ of mandamus to the court of appeals. The court of
appeals shall act on the petition for a writ of mandamus not later than
30 days after the filing of the petition.
(5)(A) The Administrative Office of the United States Courts shall
submit to Congress an annual report on the compliance by the district
courts with the time limitations under this section.
(B) The report described in subparagraph (A) shall include copies of
the orders submitted by the district courts under paragraph (1)(B)(iv).
(c)(1)(A) A court of appeals shall hear and render a final
determination of any appeal of an order granting or denying, in whole or
in part, an application brought under this chapter in a capital case not
later than 120 days after the date on which the reply brief is filed, or
if no reply brief is filed, not later than 120 days after the date on
which the answering brief is filed.
(B)(i) A court of appeals shall decide whether to grant a petition
for rehearing or other request for rehearing en banc not later than 30
days after the date on which the petition for rehearing is filed unless
a responsive pleading is required, in which case the court shall decide
whether to grant the petition not later than 30 days after the date on
which the responsive pleading is filed.
(ii) If a petition for rehearing or rehearing en banc is granted,
the court of appeals shall hear and render a final determination of the
appeal not later than 120 days after the date on which the order
granting rehearing or rehearing en banc is entered.
(2) The time limitations under paragraph (1) shall apply to--
(A) an initial application for a writ of habeas corpus;
(B) any second or successive application for a writ of habeas
corpus; and
(C) any redetermination of an application for a writ of habeas
corpus or related appeal following a remand by the court of appeals
en banc or the Supreme Court for further proceedings, in which case
the limitation period shall run from the date the remand is ordered.
(3) The time limitations under this section shall not be construed
to entitle an applicant to a stay of execution, to which the applicant
would otherwise not be entitled, for the purpose of litigating any
application or appeal.
(4)(A) The failure of a court to meet or comply with a time
limitation under this section shall not be a ground for granting relief
from a judgment of conviction or sentence.
(B) The State may enforce a time limitation under this section by
applying for a writ of mandamus to the Supreme Court.
(5) The Administrative Office of the United States Courts shall
submit to Congress an annual report on the compliance by the courts of
appeals with the time limitations under this section.
(Added Pub. L. 104-132, title I, Sec. 107(a), Apr. 24, 1996, 110 Stat.
1224.)
Section Referred to in Other Sections
This section is referred to in section 2265 of this title.
