28 USC § 2246 - Evidence; depositions; affidavits

---
identifier: "/us/usc/t28/s2246"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 2246 - Evidence; depositions; affidavits"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "2246"
section_name: "Evidence; depositions; affidavits"
chapter_number: 153
chapter_name: "HABEAS CORPUS"
part_number: "VI"
part_name: "PARTICULAR PROCEEDINGS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1948, ch. 646, 62 Stat. 966.)"
---


# § 2246. Evidence; depositions; affidavits

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.

---

**Source Credit**: (June 25, 1948, ch. 646, 62 Stat. 966.)

### 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.