§ 2248. Return or answer; conclusiveness
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/usc/title-28/section-2248A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
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- June 25, 1948, ch. 646
- 62 Stat. 966
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§ 2248
Return or answer; conclusiveness
ActJune 25, 1948, ch. 646
Stat.62 Stat. 966
Cites 2Cited by 0 across 0 sources