Rules Governing Section 2254 Cases in the U.S. District Courts
Rule: 5
Jurisdiction: US
Bluebook Citation: § 2254 R. 5
(a) When Required. The respondent is not required to an- swer 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 addi- tion, it must state whether any claim in the petition is barred by a failure to exhaust state remedies, a procedural bar, non- retroac- tivity, 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 respond- ent must attach to the answer parts of the transcript that the re- spondent considers relevant. The judge may order that the re- spondent furnish other parts of existing transcripts or that parts of untranscribed recordings be transcribed and furnished. If a tran- script cannot be obtained, the respondent may submit a narrative summary of the evidence. (d) Contents: Briefs on Appeal and Opinions. The re- spondent must also file with the answer a copy of: (3) RULES GOVERNING SECTION 2254 CASES AND SECTION 2255 PROCEEDINGS (1) any brief that the petitioner submitted in an appellate court contesting the conviction or sentence, or contesting an ad- verse judgment or order in a post-conviction proceeding; (2) any brief that the prosecution submitted in an appel- late 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.
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