
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 28USC2248]

 
               TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
 
                     PART VI--PARTICULAR PROCEEDINGS
 
                       CHAPTER 153--HABEAS CORPUS
 
Sec. 2248. Return or answer; conclusiveness

    The allegations of a return to the writ of habeas corpus or of an 
answer to an order to show cause in a habeas corpus proceeding, if not 
traversed, shall be accepted as true except to the extent that the judge 
finds from the evidence that they are not true.

(June 25, 1948, ch. 646, 62 Stat. 966.)


                      Historical and Revision Notes

    Derived from H.R. 4232, Seventy-ninth Congress, first session. At 
common law the return was conclusive and could not be controverted but 
it is now almost universally held that the return is not conclusive of 
the facts alleged therein. 39 C.J.S. pp. 664-666, Secs. 98, 99.
