§ 2248. — Return or answer; conclusiveness.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2248]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 153--HABEAS CORPUS
Sec. 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, Secs. 98, 99.
