reply. Under Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts, “[t]he answer must address the allegations in the petition. In addition, it must state whether any claim in the petition is barred by failure to exhaust state remedies, a procedural bar, non-retroactivity, or a statute of limitations.” 6. Discovery is not automatic. Leave of court is required for a party to take discovery in a § 2254 action. A party requesting discovery must provide the reasons for the request and identify the discovery sought. 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. See Rule 6 of the Rules Governing Section 2254 Cases in the United States District Courts. 7. The Court may expand the record. 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 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. The Judge must give the party against whom the additional materials are offered an opportunity to admit or deny their correctness. See Rule 7 of the Rules Governing Section 2254 Cases in the United States District Courts. 8. The Court will decide whether to hold an evidentiary 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. See Rule 8 of the Rules Governing Section 2254 Cases in the United States District Courts. 9. If an evidentiary hearing is granted, the Court must appoint an attorney to represent a qualified petitioner. If an evidentiary hearing is warranted, the Judge must appoint an attorney to represent a petitioner who qualifies under 18 U.C.S. § 3006A.
reply. Under Rule 5 of the Rules Governing Section 2254 Cases in the United States District Courts, “[t]he answer must address the allegations in the petition. In addition, it must state whether any claim in the petition is barred by failure to exhaust state remedies, a procedural bar, non-retroactivity, or a statute of limitations.” 6. Discovery is not automatic. Leave of court is required for a party to take discovery in a § 2254 action. A party requesting discovery must provide the reasons for the request and identify the discovery sought. 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. See Rule 6 of the Rules Governing Section 2254 Cases in the United States District Courts. 7. The Court may expand the record. 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 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. The Judge must give the party against whom the additional materials are offered an opportunity to admit or deny their correctness. See Rule 7 of the Rules Governing Section 2254 Cases in the United States District Courts. 8. The Court will decide whether to hold an evidentiary 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. See Rule 8 of the Rules Governing Section 2254 Cases in the United States District Courts. 9. If an evidentiary hearing is granted, the Court must appoint an attorney to represent a qualified petitioner. If an evidentiary hearing is warranted, the Judge must appoint an attorney to represent a petitioner who qualifies under 18 U.C.S. § 3006A.
Federal%20habeas%20corpus%2028%20u%20s%20c%20%202254.docx