U.S.C. Title 28 - JUDICIARY AND JUDICIAL PROCEDURE 28 U.S.C. United States Code, 2024 Edition Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART VI - PARTICULAR PROCEEDINGS CHAPTER 153 - HABEAS CORPUS Sec. 2248 - Return or answer; conclusiveness From the U.S. Government Publishing Office, www.gpo.gov §2248. Return or answer; conclusiveness 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. (June 25, 1948, ch. 646, 62 Stat. 966.) 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.
28 U.S.C. § 2248
§2248. Return or answer; conclusiveness
Edition 2024