28 U.S.C. § 2246
Section 2246 · Evidence; depositions; affidavits
This is the Antiterrorism and Effective Death Penalty Act of 1996
Amended 1 time on record
Applied in 64 court decisions — leading case Carlson v. Landon (1952)
Most recently applied in Brian Dorsey v. David Vandergriff (April 2022)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
On application for a writ of habeas corpus, evidence may be taken orally or by deposition, or, in the discretion of the judge, by affidavit. If affidavits are admitted any party shall have the right to propound written interrogatories to the affiants, or to file answering affidavits.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
This section is derived from H.R. 4232 introduced in the first session of the Seventy-ninth Congress by Chairman Sumners of the House Committee on the Judiciary. It clarifies existing practice without substantial change.