Statutes & Rules

 statutes JPEG  

Proceedings under 28 U.S.C. § 2255 are governed by various statutes and rules, some of which have been listed in the menu to the left. In addition to the text of the § 2255 statute and associated rules of procedure, the list of authorities includes 18 U.S.C. § 3599 (governing appointment of counsel and requests for funding of investigative and expert services), a compilation of the various federal capital offenses, and the ABA's Guidelines concerning the national standard of practice for the defense of capital cases and the mitigation function. You may access any of these authorities by clicking on the relevant link.

Although a motion under § 2255 is a further step in the movant's criminal case and not a separate civil action, both the civil and criminal rules of procedure govern § 2255 proceedings, so post-conviction counsel must take care to familiarize themselves with both sets of rules. Please also note that individual jurisdictions often have specific local rules applicable to § 2255 practice and procedure, so it is critical that you consult the district court and circuit court rules where your case is being heard to ensure that your filings and litigation practices are in conformity with local requirements.