H.R. 15319 (94th): A bill to approve in whole or in part, with amendments, certain rules relating to cases and ...

...proceedings under sections 2254 and 2255 of title 28 of the United States Code.

94th Congress, 1975–1976. Text as of Sep 28, 1976 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

9 0 STAT. 1334                        PUBLIC LAW 9 4 - 4 2 6 — S E P T . 2 8 , 1 9 7 6

                   Public Law 94-426
                   94th Congress
                                                         An Act
 Sept. 28. 1976    To approve in whole or in part, with amendments, certain rules relating to
  [H.R. 15319]       cases and proceedings under sections 2254 and 2255 of title 28 of the United
                     States Code.

                      Be it enacted hy the Senate and House of Representatives            of the
Federal Rules of   United States of America in Congress assembled, T h a t t h e rules gov-
Procedure.         erning section 2254 cases in t h e United States district courts and t h e
Certain proposed   rules governing section 2255 proceedings for the United States district
amendments,        courts, as proposed by the United States Supreme Court, which were
approval and
effective date.    delayed by the Act entitled " A n Act to delay the effective date of
28 u s e 2071      certain proposed amendments to the Federal Rules of Criminal P r o -
note.              cedure a n d certain other rules promulgated by the United States
                   Supreme C o u r t " (Public Law 94-349), are approved with the amend-
Ante, p. 822.      ments set forth in section 2 of this Act a n d shall take effect as so
                   amended, with respect to petitions under section 2254 and motions
                   under section 2255 of title 28 of the United States Code filed on or
                   after F e b r u a r y 1, 1977.
28 u s e app.         SEC. 2. T h e amendments referred to in the first section of this Act
                   are as follows,:
                      (1) Rule 2(c) of the rules governing section 2254 cases is amended—
                           (A) by inserting "substantially" immediately after " T h e peti-
                        tion shall be i n " ; and
                           ( B ) by striking out the sentence " T h e petition shall follow t h e
                        prescribed f o r m . ' .
                      (2) Rule 2 ( e ) of the rules governing section 2254 cases is amended
                   to read as follows:
                     " ( e ) RETURN OF I N S U F F I C I E N T P E T I T I O N . — I f a petition received by
                   the clerk of a district court does not substantially comply with t h e
                   requirements of rule 2 or rule 3, it may be returned to the petitioner,
                   if a judge of the court so directs, together with a statement of t h e
                   reason for its return. T h e clerk shall retain a copy of the petition.".
                      (3) Rule 2 ( b ) of the rules governing section 2255 proceedings is
                   amended—
                           ( A ) by inserting "substantially" immediately after " T h e mo-
                        tion shall be i n " ; a n d
                           ( B ) by striking out the sentence " T h e motion shall follow the
                        prescribed form.",
                      (4) Rule 2 ( d ) of t h e rules governing section 2255 proceedings is
                   amended to read as follows:
                     " ( d ) R E T U R N OF I N S U F F I C I E N T M O T I O N . — I f a motion received by
                   the clerk of a district court doesi not substantially comply with t h e
                   requirements of rule 2 or rule 3, it m a y be returned t o the movant, if
                   a judge of the court so directs, together with a statement of the reason
                   for its return. T h e clerk shall retain a copy of the motion.".
                      (5) Rule 8(c) of t h e rules governing section 2254 cases is amended
                   by adding a t the e n d : "These rules do n o t limit t h e appointment of
                   counsel under 18 U.S.C. § 3006A at any stage of the case if t h e interest
                   of justice so requires.".

PUBLIC LAW 94-426—SEPT. 28, 1976 90 STAT. 1335 (6) Rule 8(c) of the rules governing section 2255 proceedings is 28 USC app. amended by adding at the end the following: "These rules do not limit the appointment of counsel under 18 U.S.C. § 3006A at any stage of the proceeding if the interest of justice so requires.". (7) Eule 9(a) of the rules governing section 2254 cases is amended by striking out the second and third sentences. (8) Rule 9(b) is amended by striking out "is not excusable" and inserting in lieu thereof "constituted an abuse of the writ". (9) Rule 9(a) of the rules governing section 2255 proceedings is amended by striking out the final sentence. (10) Rule 9(b) of the rules governing section 2255 proceedings is amended by striking out "is not excusable" and inserting in lieu thereof "constituted an abuse of the procedure governed by these rules". (11) Rule 10 of the rules governing section 2254 cases is amended by inserting ", and to the extent the district court has established standards and criteria for the performance of such duties" immedi- ately after "rule of the district court". (12) Rule 10 of the rules governing section 2255 proceedings is amended by inserting ", and to the extent the district court has estab- lished standards and criteria for the performance of such duties," immediately after "rule of the district court". Approved September 28, 1976. LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1471 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 14, considered and passed House. Sept. 16, considered and passed Senate.