Rules Governing Section 2255 Proceedings for the U.S. District Courts
Rule: 5
Jurisdiction: US
Bluebook Citation: § 2255 R. 5
(a) When Required. The respondent is not required to an- swer 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- convic- tion 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 fur- nish them within a reasonable time that will not unduly delay the proceedings. (10) RULES GOVERNING SECTION 2254 CASES AND SECTION 2255 PROCEEDINGS (d) Reply. The moving party may file a reply to the respond- ent's answer or other pleading. The judge must set the time to file unless the time is already set by local rule.
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