A bill to approve in whole or in part, with amendments, certain rules relating to cases and proceedings under sections 2254 and 2255 of title 28 of the United States Code.
PL 94-426 (H.R.15319), enacted 09/28/1976

90 STAT. 1334 
PUBLIC LAW 94-426—SEPT. 28, 1976 
Public Law 94-426 
94th Congress 
An Act 
Sept. 28. 1976 
[H.R. 15319] 
Federal Rules of 
Procedure. 
Certain proposed 
amendments, 
approval and 
effective date. 
28 u s e 2071 
note. 
Ante, p. 822. 
28 u s e app. 
To approve in whole or in part, with amendments, certain rules relating to 
cases and proceedings under sections 2254 and 2255 of title 28 of the United 
States Code. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the rules gov-
erning section 2254 cases in the United States district courts and the 
rules governing section 2255 proceedings for the United States district 
courts, as proposed by the United States Supreme Court, which were 
delayed by the Act entitled "An Act to delay the effective date of 
certain proposed amendments to the Federal Rules of Criminal Pro-
cedure and certain other rules promulgated by the United States 
Supreme Court" (Public Law 94-349), are approved with the amend-
ments set forth in section 2 of this Act and shall take effect as so 
amended, with respect to petitions under section 2254 and motions 
under section 2255 of title 28 of the United States Code filed on or 
after February 1, 1977. 
SEC. 2. The amendments referred to in the first section of this Act 
are as follows,: 
(1) Rule 2(c) of the rules governing section 2254 cases is amended— 
(A) by inserting "substantially" immediately after "The peti-
tion shall be in"; and 
(B) by striking out the sentence "The petition shall follow the 
prescribed form.'. 
(2) Rule 2(e) of the rules governing section 2254 cases is amended 
to read as follows: 
"(e) RETURN OF INSUFFICIENT PETITION.—If a petition received by 
the clerk of a district court does not substantially comply with the 
requirements of rule 2 or rule 3, it may be returned to the petitioner, 
if a judge of the court so directs, together with a statement of the 
reason for its return. The clerk shall retain a copy of the petition.". 
(3) Rule 2(b) of the rules governing section 2255 proceedings is 
amended— 
(A) by inserting "substantially" immediately after "The mo-
tion shall be in"; and 
(B) by striking out the sentence "The motion shall follow the 
prescribed form.", 
(4) Rule 2(d) of the rules governing section 2255 proceedings is 
amended to read as follows: 
" ( d ) RETURN OF INSUFFICIENT MOTION.—If a motion received by 
the clerk of a district court doesi not substantially comply with the 
requirements of rule 2 or rule 3, it may be returned to the movant, if 
a judge of the court so directs, together with a statement of the reason 
for its return. The clerk shall retain a copy of the motion.". 
(5) Rule 8(c) of the rules governing section 2254 cases is amended 
by adding at the end: "These rules do not limit the appointment of 
counsel under 18 U.S.C. § 3006A at any stage of the case if the interest 
of justice so requires.". 
PUBLIC LAW 94-426—SEPT. 28, 1976 
90 STAT. 1335 
(6) Rule 8(c) of the rules governing section 2255 proceedings is 28 USC app. 
amended by adding at the end the following: "These rules do not limit 
the appointment of counsel under 18 U.S.C. § 3006A at any stage of 
the proceeding if the interest of justice so requires.". 
(7) Eule 9(a) of the rules governing section 2254 cases is amended 
by striking out the second and third sentences. 
(8) Rule 9(b) is amended by striking out "is not excusable" and 
inserting in lieu thereof "constituted an abuse of the writ". 
(9) Rule 9(a) of the rules governing section 2255 proceedings is 
amended by striking out the final sentence. 
(10) Rule 9(b) of the rules governing section 2255 proceedings is 
amended by striking out "is not excusable" and inserting in lieu 
thereof "constituted an abuse of the procedure governed by these 
rules". 
(11) Rule 10 of the rules governing section 2254 cases is amended 
by inserting ", and to the extent the district court has established 
standards and criteria for the performance of such duties" immedi-
ately after "rule of the district court". 
(12) Rule 10 of the rules governing section 2255 proceedings is 
amended by inserting ", and to the extent the district court has estab-
lished standards and criteria for the performance of such duties," 
immediately after "rule of the district court". 
Approved September 28, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1471 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Sept. 14, considered and passed House. 
Sept. 16, considered and passed Senate.