§ Rule 3 Filing the Petition; Inmate Filing

Codes > United States Code > Title 28 > Part VI : Chapter 153 > Rules Governing : Rule 3

Rule 3. Filing the Petition; Inmate Filing

    (a) Where to File; Copies; Filing Fee.An original and two copies of the petition must be filed with the clerk and must be accompanied by:

        (1) the applicable filing fee, or

        (2) a motion for leave to proceed in forma pauperis, the affidavit required by 28 U.S.C. § 1915, and a certificate from the warden or other appropriate officer of the place of confinement showing the amount of money or securities that the petitioner has in any account in the institution.

    (b) Filing.The clerk must file the petition and enter it on the docket.

    (c) Time to File.The time for filing a petition is governed by 28 U.S.C. § 2244(d).

    (d) Inmate Filing.A paper filed by an inmate confined in an institution is timely if deposited in the institution's internal mailing system on or before the last day for filing. If an institution has a system designed for legal mail, the inmate must use that system to receive the benefit of this rule. Timely filing may be shown by a declaration in compliance with 28 U.S.C. § 1746 or by a notarized statement, either of which must set forth the date of deposit and state that first-class postage has been prepaid.