Expanding the Record

Rules Governing Section 2254 Cases in the U.S. District Courts

Rule: 7

Jurisdiction: US

Bluebook Citation: § 2254 R. 7

(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. (4) RULES GOVERNING SECTION 2254 CASES AND SECTION 2255 PROCEEDINGS (b) Types of Materials. The materials that may be required include letters predating the filing of the petition, documents, ex- hibits, and answers under oath to written interrogatories pro- pounded by the judge. Affidavits may also be submitted and con- sidered 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 oppor- tunity to admit or deny their correctness.

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