28 USC § 2248 - Return or answer; conclusiveness

---
identifier: "/us/usc/t28/s2248"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 2248 - Return or answer; conclusiveness"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "2248"
section_name: "Return or answer; conclusiveness"
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.)"
---


# § 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.

---

**Source Credit**: (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, §§ 98, 99.