RULES GOVERNING 

SECTION 2254 CASES IN THE UNITED STATES 

DISTRICT COURTS

and

RULES GOVERNING 

SECTION 2255 PROCEEDINGS FOR THE 

UNITED STATES DISTRICT COURTS

Effective Feb. 1, 1977, as amended to Dec. 1, 2019
TABLE OF CONTENTS 

Page

RULES (2254 CASES)

Rule 1: Scope ........................................................................................ 1

Rule 2: The Petition .............................................................................. 1

Rule 3: Filing the Petition; Inmate Filing ............................................. 2

Rule 4: Preliminary Review; Serving the Petition and Order ............... 3

Rule 5: The Answer and the Reply........................................................ 3

Rule 6: Discovery .................................................................................. 4

Rule 7: Expanding the Record............................................................... 4

Rule 8: Evidentiary Hearing .................................................................. 5

Rule 9: Second or Successive Petitions................................................. 6

Rule 10: Powers of a Magistrate Judge ................................................. 6

Rule 11: Certificate of Appealability; Time to Appeal.......................... 6

Rule 12: Applicability of the Federal Rules of Civil Procedure ............ 7

RULES (2255 PROCEEDINGS)

Rule 1: Scope ........................................................................................ 8

Rule 2: The Petition .............................................................................. 8

Rule 3: Filing the Petition; Inmate Filing ............................................. 9

Rule 4: Preliminary Review; Serving the Petition and Order ............. 10

Rule 5: The Answer and the Reply...................................................... 10

Rule 6: Discovery ................................................................................ 11

Rule 7: Expanding the Record............................................................. 11

Rule 8: Evidentiary Hearing ................................................................ 12

Rule 9: Second or Successive Petitions............................................... 12

Rule 10: Powers of a Magistrate Judge ............................................... 13

Rule 11: Certificate of Appealability; Time to Appeal........................ 13

Rule 12: Applicability of the Federal Rules of Civil Procedure .......... 13
(1)

RULES GOVERNING SECTION 2254 CASES IN THE 

UNITED STATES DISTRICT COURTS

Effective Feb. 1, 1977, as amended to Dec. 1, 2019

Rule 1. Scope

(a) Cases Involving a Petition under 28 U.S.C. § 2254.

These rules govern a petition for a writ of habeas corpus filed in a 

United States district court under 28 U.S.C. § 2254 by:

(1) a person in custody under a state-court judgment 

who seeks a determination that the custody violates the Constitution, laws, or treaties of the United States; and

(2) a person in custody under a state-court or federalcourt judgment who seeks a determination that future custody under a state-court judgment would violate the Constitution, laws, or 

treaties of the United States.

(b) Other Cases. The district court may apply any or all of 

these rules to a habeas corpus petition not covered by Rule 1(a).

Rule 2. The Petition

(a) Current Custody; Naming the Respondent. If the petitioner is currently in custody under a state-court judgment, the petition must name as respondent the state officer who has custody.

(b) Future Custody; Naming the Respondents and Specifying the Judgment. If the petitioner is not yet in custody - but 

may be subject to future custody - under the state-court judgment 

being contested, the petition must name as respondents both the 

officer who has current custody and the attorney general of the 

state where the judgment was entered. The petition must ask for 

relief from the state-court judgment being contested.

(c) Form. The petition must:

(1) specify all the grounds for relief available to the petitioner;

(2) state the facts supporting each ground;

(3) state the relief requested;

(4) be printed, typewritten, or legibly handwritten; and
RULES GOVERNING SECTION 2254 CASES AND 

SECTION 2255 PROCEEDINGS

(2)

(5) be signed under penalty of perjury by the petitioner 

or by a person authorized to sign it for the petitioner under 28 

U.S.C. § 2242.

(d) Standard Form. The petition must substantially follow 

either the form appended to these rules or a form prescribed by a 

local district-court rule. The clerk must make forms available to 

petitioners without charge.

(e) Separate Petitions for Judgments of Separate Courts.

A petitioner who seeks relief from judgments of more than one 

state court must file a separate petition covering the judgment or 

judgments of each court. 

Rule 3. Filing the Petition; Inmate Filing

(a) Where to File; Copies; Filing Fee. An original and two 

copies of the petition must be filed with the clerk and must be accompanied by: 

(1) the applicable filing fee, or

(2) a motion for leave to proceed in forma pauperis, the 

affidavit required by 28 U.S.C. § 1915, and a certificate from the 

warden or other appropriate officer of the place of confinement 

showing the amount of money or securities that the petitioner has 

in any account in the institution.

(b) Filing. The clerk must file the petition and enter it on the 

docket.

(c) Time to File. The time for filing a petition is governed by 

28 U.S.C. § 2244(d).

(d) Inmate Filing. A paper filed by an inmate confined in an 

institution is timely if deposited in the institution's internal mailing 

system on or before the last day for filing. If an institution has a 

system designed for legal mail, the inmate must use that system to 

receive the benefit of this rule. Timely filing may be shown by a 

declaration in compliance with 28 U.S.C. § 1746 or by a notarized 

statement, either of which must set forth the date of deposit and 

state that first-class postage has been prepaid.
RULES GOVERNING SECTION 2254 CASES AND 

SECTION 2255 PROCEEDINGS

(3)

Rule 4. Preliminary Review; Serving the Petition and Order

The clerk must promptly forward the petition to a judge under 

the court's assignment procedure, and the judge must promptly examine it. If it plainly appears from the petition and any attached 

exhibits that the petitioner is not entitled to relief in the district 

court, the judge must dismiss the petition and direct the clerk to 

notify the petitioner. If the petition is not dismissed, the judge 

must order the respondent to file an answer, motion, or other response within a fixed time, or to take other action the judge may 

order. In every case, the clerk must serve a copy of the petition 

and any order on the respondent and on the attorney general or 

other appropriate officer of the state involved.

Rule 5. The Answer and the Reply

(a) When Required. The respondent is not required to answer the petition unless a judge so orders.

(b) Contents: Addressing the Allegations; Stating a Bar.

The answer must address the allegations in the petition. In addition, it must state whether any claim in the petition is barred by a 

failure to exhaust state remedies, a procedural bar, non- retroactivity, or a statute of limitations.

(c) Contents: Transcripts. The answer must also indicate 

what transcripts (of pretrial, trial, sentencing, or post-conviction 

proceedings) are available, when they can be furnished, and what 

proceedings have been recorded but not transcribed. The respondent must attach to the answer parts of the transcript that the respondent considers relevant. The judge may order that the respondent furnish other parts of existing transcripts or that parts of 

untranscribed recordings be transcribed and furnished. If a transcript cannot be obtained, the respondent may submit a narrative 

summary of the evidence.

(d) Contents: Briefs on Appeal and Opinions. The respondent must also file with the answer a copy of:
RULES GOVERNING SECTION 2254 CASES AND 

SECTION 2255 PROCEEDINGS

(4)

(1) any brief that the petitioner submitted in an appellate 

court contesting the conviction or sentence, or contesting an adverse judgment or order in a post-conviction proceeding;

(2) any brief that the prosecution submitted in an appellate court relating to the conviction or sentence; and

(3) the opinions and dispositive orders of the appellate 

court relating to the conviction or the sentence.

(e) Reply. The petitioner may file a reply to the respondent's 

answer or other pleading. The judge must set the time to file unless 

the time is already set by local rule.

Rule 6. Discovery

(a) Leave of Court Required. A judge may, for good cause, 

authorize a party to conduct discovery under the Federal Rules of 

Civil Procedure and may limit the extent of discovery. If necessary 

for effective discovery, the judge must appoint an attorney for a 

petitioner who qualifies to have counsel appointed under 18 

U.S.C. § 3006A.

(b) Requesting Discovery. A party requesting discovery 

must provide reasons for the request. The request must also include any proposed interrogatories and requests for admission, 

and must specify any requested documents.

(c) Deposition Expenses. If the respondent is granted leave 

to take a deposition, the judge may require the respondent to pay 

the travel expenses, subsistence expenses, and fees of the petitioner's attorney to attend the deposition.

Rule 7. Expanding the Record

(a) In General. If the petition is not dismissed, the judge may 

direct the parties to expand the record by submitting additional 

materials relating to the petition. The judge may require that these 

materials be authenticated.
RULES GOVERNING SECTION 2254 CASES AND 

SECTION 2255 PROCEEDINGS

(5)

(b) Types of Materials. The materials that may be required 

include letters predating the filing of the petition, documents, exhibits, and answers under oath to written interrogatories propounded by the judge. Affidavits may also be submitted and considered as part of the record.

(c) Review by the Opposing Party. The judge must give the 

party against whom the additional materials are offered an opportunity to admit or deny their correctness. 

Rule 8. Evidentiary Hearing

(a) Determining Whether to Hold a Hearing. If the petition 

is not dismissed, the judge must review the answer, any transcripts 

and records of state-court proceedings, and any materials submitted under Rule 7 to determine whether an evidentiary hearing is 

warranted.

(b) Reference to a Magistrate Judge. A judge may, under 

28 U.S.C. § 636(b), refer the petition to a magistrate judge to conduct hearings and to file proposed findings of fact and recommendations for disposition. When they are filed, the clerk must 

promptly serve copies of the proposed findings and recommendations on all parties. Within 14 days after being served, a party may 

file objections as provided by local court rule. The judge must determine de novo any proposed finding or recommendation to 

which objection is made. The judge may accept, reject, or modify 

any proposed finding or recommendation.

(c) Appointing Counsel; Time of Hearing. If an

evidentiary hearing is warranted, the judge must appoint an attorney to represent a petitioner who qualifies to have counsel appointed under 18 U.S.C. § 3006A. The judge must conduct the 

hearing as soon as practicable after giving the attorneys adequate 

time to investigate and prepare. These rules do not limit the appointment of counsel under § 3006A at any stage of the proceeding.
RULES GOVERNING SECTION 2254 CASES AND 

SECTION 2255 PROCEEDINGS

(6)

Rule 9. Second or Successive Petitions

Before presenting a second or successive petition, the petitioner must obtain an order from the appropriate court of appeals 

authorizing the district court to consider the petition as required 

by 28 U.S.C. § 2244(b)(3) and (4). 

Rule 10. Powers of a Magistrate Judge

A magistrate judge may perform the duties of a district judge 

under these rules, as authorized under 28 U.S.C. § 636.

Rule 11. Certificate of Appealability; Time to Appeal

(a) Certificate of Appealability. The district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant. Before entering the final order, the 

court may direct the parties to submit arguments on whether a certificate should issue. If the court issues a certificate, the court must 

state the specific issue or issues that satisfy the showing required 

by 28 U.S.C. § 2253(c)(2). If the court denies a certificate, the 

parties may not appeal the denial but may seek a certificate from 

the court of appeals under Federal Rule of Appellate Procedure 

22. A motion to reconsider a denial does not extend the time to 

appeal.

(b) Time to Appeal. Federal Rule of Appellate Procedure 

4(a) governs the time to appeal an order entered under these rules. 

A timely notice of appeal must be filed even if the district court 

issues a certificate of appealability.
RULES GOVERNING SECTION 2254 CASES AND 

SECTION 2255 PROCEEDINGS

(7)

Rule 12. Applicability of the Federal Rules of Civil Procedure

The Federal Rules of Civil Procedure, to the extent that they 

are not inconsistent with any statutory provisions or these rules, 

may be applied to a proceeding under these rules.

* * * * *
RULES GOVERNING SECTION 2254 CASES AND 

SECTION 2255 PROCEEDINGS

(8)

RULES GOVERNING SECTION 2255 PROCEEDINGS 

FOR THE UNITED STATES DISTRICT COURTS

Effective Feb. 1, 1977, as amended to Dec. 1, 2019

Rule 1. Scope

These rules govern a motion filed in a United States district court 

under 28 U.S.C. § 2255 by:

(a) a person in custody under a judgment of that court who 

seeks a determination that:

(1) the judgment violates the Constitution or laws of the 

United States;

(2) the court lacked jurisdiction to enter the judgment; 

(3) the sentence exceeded the maximum allowed by law; 

or 

(4) the judgment or sentence is otherwise subject to collateral review; and

(b) a person in custody under a judgment of a state court or 

another federal court, and subject to future custody under a judgment of the district court, who seeks a determination that:

(1) future custody under a judgment of the district court 

would violate the Constitution or laws of the United States;

(2) the district court lacked jurisdiction to enter the judgment; 

(3) the district court's sentence exceeded the maximum 

allowed by law; or

(4) the district court's judgment or sentence is otherwise 

subject to collateral review.

Rule 2. The Motion

(a) Applying for Relief. The application must be in the form 

of a motion to vacate, set aside, or correct the sentence. 

(b) Form. The motion must:
RULES GOVERNING SECTION 2254 CASES AND 

SECTION 2255 PROCEEDINGS

(9)

(1) specify all the grounds for relief available to the 

moving party; 

(2) state the facts supporting each ground;

(3) state the relief requested;

(4) be printed, typewritten, or legibly handwritten; and

(5) be signed under penalty of perjury by the

movant or by a person authorized to sign it for the movant.

(c) Standard Form. The motion must substantially follow 

either the form appended to these rules or a form prescribed by a 

local district-court rule. The clerk must make forms available to 

moving parties without charge.

(d) Separate Motions for Separate Judgments. A moving 

party who seeks relief from more than one judgment must file a 

separate motion covering each judgment.

Rule 3. Filing the Motion; Inmate Filing

(a) Where to File; Copies. An original and two copies of the 

motion must be filed with the clerk.

(b) Filing and Service. The clerk must file the motion and 

enter it on the criminal docket of the case in which the challenged 

judgment was entered. The clerk must then deliver or serve a copy 

of the motion on the United States attorney in that district, together 

with a notice of its filing.

(c) Time to File. The time for filing a motion is governed by 

28 U.S.C. § 2255 para. 6.

(d) Inmate Filing. A paper filed by an inmate confined in an 

institution is timely if deposited in the institution's internal mailing 

system on or before the last day for filing. If an institution has a 

system designed for legal mail, the inmate must use that system to 

receive the benefit of this rule. Timely filing may be shown by a 

declaration in compliance with 28 U.S.C. § 1746 or by a notarized 

statement, either of which must set forth the date of deposit and 

state that first-class postage has been prepaid.
RULES GOVERNING SECTION 2254 CASES AND 

SECTION 2255 PROCEEDINGS

(10)

Rule 4. Preliminary Review

(a) Referral to a Judge. The clerk must promptly forward 

the motion to the judge who conducted the trial and imposed sentence or, if the judge who imposed sentence was not the trial 

judge, to the judge who conducted the proceedings being challenged. If the appropriate judge is not available, the clerk must 

forward the motion to a judge under the court's assignment procedure.

(b) Initial Consideration by the Judge. The judge who receives the motion must promptly examine it. If it plainly appears 

from the motion, any attached exhibits, and the record of prior 

proceedings that the moving party is not entitled to relief, the 

judge must dismiss the motion and direct the clerk to notify the 

moving party. If the motion is not dismissed, the judge must order 

the United States attorney to file an answer, motion, or other response within a fixed time, or to take other action the judge may 

order. 

Rule 5. The Answer and the Reply

(a) When Required. The respondent is not required to answer the motion unless a judge so orders.

(b) Contents. The answer must address the allegations in the 

motion. In addition, it must state whether the moving party has 

used any other federal remedies, including any prior post- conviction motions under these rules or any previous rules, and whether 

the moving party received an evidentiary hearing.

(c) Records of Prior Proceedings. If the answer refers to 

briefs or transcripts of the prior proceedings that are not available 

in the court's records, the judge must order the government to furnish them within a reasonable time that will not unduly delay the 

proceedings.
RULES GOVERNING SECTION 2254 CASES AND 

SECTION 2255 PROCEEDINGS

(11)

(d) Reply. The moving party may file a reply to the respondent's answer or other pleading. The judge must set the time to file 

unless the time is already set by local rule.

Rule 6. Discovery

(a) Leave of Court Required. A judge may, for good cause, 

authorize a party to conduct discovery under the Federal Rules of 

Criminal Procedure or Civil Procedure, or in accordance with the 

practices and principles of law. If necessary for effective discovery, the judge must appoint an attorney for a moving party who 

qualifies to have counsel appointed under 18 U.S.C. § 3006A.

(b) Requesting Discovery. A party requesting discovery 

must provide reasons for the request. The request must also include any proposed interrogatories and requests for admission, 

and must specify any requested documents.

(c) Deposition Expenses. If the government is granted leave 

to take a deposition, the judge may require the government to pay 

the travel expenses, subsistence expenses, and fees of the moving 

party's attorney to attend the deposition.

Rule 7. Expanding the Record

(a) In General. If the motion is not dismissed, the judge may 

direct the parties to expand the record by submitting additional 

materials relating to the motion. The judge may require that these 

materials be authenticated.

(b) Types of Materials. The materials that may be required 

include letters predating the filing of the motion, documents, exhibits, and answers under oath to written interrogatories propounded by the judge. Affidavits also may be submitted and considered as part of the record.

(c) Review by the Opposing Party. The judge must give the 

party against whom the additional materials are offered an opportunity to admit or deny their correctness.
RULES GOVERNING SECTION 2254 CASES AND 

SECTION 2255 PROCEEDINGS

(12)

Rule 8. Evidentiary Hearing

(a) Determining Whether to Hold a Hearing. If the motion 

is not dismissed, the judge must review the answer, any transcripts 

and records of prior proceedings, and any materials submitted under Rule 7 to determine whether an evidentiary hearing is warranted. 

(b) Reference to a Magistrate Judge. A judge may, under 

28 U.S.C. § 636(b), refer the motion to a magistrate judge to conduct hearings and to file proposed findings of fact and recommendations for disposition. When they are filed, the clerk must 

promptly serve copies of the proposed findings and recommendations on all parties. Within 14 days after being served, a party may 

file objections as provided by local court rule. The judge must determine de novo any proposed finding or recommendation to 

which objection is made. The judge may accept, reject, or modify 

any proposed finding or recommendation.

(c) Appointing Counsel; Time of Hearing. If an

evidentiary hearing is warranted, the judge must appoint an attorney to represent a moving party who qualifies to have counsel appointed under 18 U.S.C. § 3006A. The judge must conduct the 

hearing as soon as practicable after giving the attorneys adequate 

time to investigate and prepare. These rules do not limit the appointment of counsel under § 3006A at any stage of the proceeding. 

(d) Producing a Statement. Federal Rule of Criminal Procedure 26.2(a)—(d) and (f) applies at a hearing under this rule. If 

a party does not comply with a Rule 26.2(a) order to produce a 

witness's statement, the court must not consider that witness's testimony.

Rule 9. Second or Successive Motions

Before presenting a second or successive motion, the moving 

party must obtain an order from the appropriate court of appeals 
RULES GOVERNING SECTION 2254 CASES AND 

SECTION 2255 PROCEEDINGS

(13) 

authorizing the district court to consider the motion, as required 

by 28 U.S.C. § 2255, para. 8. 

Rule 10. Powers of a Magistrate Judge

A magistrate judge may perform the duties of a district judge 

under these rules, as authorized by 28 U.S.C. § 636. 

Rule 11. Certificate of Appealability; Time to Appeal

(a) Certificate of Appealability. The district court must issue or deny a certificate of appealability when it enters a final order adverse to the applicant. Before entering the final order, the 

court may direct the parties to submit arguments on whether a certificate should issue. If the court issues a certificate, the court must 

state the specific issue or issues that satisfy the showing required 

by 28 U.S.C. § 2253(c)(2). If the court denies a certificate, a party 

may not appeal the denial but may seek a certificate from the court 

of appeals under Federal Rule of Appellate Procedure 22. A motion to reconsider a denial does not extend the time to appeal. 

(b) Time to Appeal. Federal Rule of Appellate Procedure

4(a) governs the time to appeal an order entered under these rules. 

A timely notice of appeal must be filed even if the district court 

issues a certificate of appealability. These rules do not extend the 

time to appeal the original judgment of conviction. 

Rule 12. Applicability of the Federal Rules of Civil Procedure 

and the Federal Rules of Criminal Procedure

The Federal Rules of Civil Procedure and the Federal Rules 

of Criminal Procedure, to the extent that they are not inconsistent 

with any statutory provisions or these rules, may be applied to a 

proceeding under these rules. 

* * * * *
Unofficial printing courtesy of the Administrative Office of the U.S. Courts. 

See https://uscode.house.gov/ under 28 U.S.C. §§ 2254 and 2255

for the official rules and forms, and committee notes.