Page:United States Statutes at Large Volume 90 Part 1.djvu/1384

 9 0 STAT. 1334

PUBLIC LAW 9 4 - 4 2 6 — S E P T. 28, 1976

Public Law 94-426 94th Congress An Act Sept. 28. 1976 [H.R. 15319]

Federal Rules of Procedure. Certain proposed amendments, approval and effective date. 28 USC 2071 note. Ante, p. 822.

28 USC app.

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the rules governing section 2254 cases in the United States district courts and the rules governing section 2255 proceedings for the United States district courts, as proposed by the United States Supreme Court, which were delayed by the Act entitled " A n Act to delay the effective date of certain proposed amendments to the Federal Rules of Criminal P r o cedure and certain other rules promulgated by the United States Supreme C o u r t " (Public Law 94-349), are approved with the amendments set forth in section 2 of this Act and 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 February 1, 1977. SEC. 2. The 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 " The petition shall be i n "; and (B) by striking out the sentence " The petition shall follow the prescribed for 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 the 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 the reason for its return. The 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 " The motion shall be i n "; and (B) by striking out the sentence " The motion shall follow the prescribed form.", (4) Rule 2 (d) of the 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 the requirements of rule 2 or rule 3, it may be returned to the movant, if a judge of the court so directs, together with a statement of the reason for its return. The clerk shall retain a copy of the motion.". (5) Rule 8(c) of the rules governing section 2254 cases is amended by adding a t the e n d: "These rules do not limit the appointment of counsel under 18 U.S.C. § 3006A at any stage of the case if the interest of justice so requires.".

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