§ Rule 5 The Answer and the Reply

Codes > United States Code > Title 28 > Part VI : Chapter 153 > Rules Governing : Rule 5

Rule 5. The Answer and the Reply

    (a) When Required.The respondent is not required to answer the petition unless a judge so orders.

    (b) Contents: Addressing the Allegations; Stating a Bar.The answer must address the allegations in the petition. In addition, it must state whether any claim in the petition is barred by a failure to exhaust state remedies, a procedural bar, non-retroactivity, or a statute of limitations.

    (c) Contents: Transcripts.The answer must also indicate what transcripts (of pretrial, trial, sentencing, or post-conviction proceedings) are available, when they can be furnished, and what proceedings have been recorded but not transcribed. The respondent must attach to the answer parts of the transcript that the respondent considers relevant. The judge may order that the respondent furnish other parts of existing transcripts or that parts of untranscribed recordings be transcribed and furnished. If a transcript cannot be obtained, the respondent may submit a narrative summary of the evidence.

    (d) Contents: Briefs on Appeal and Opinions.The respondent must also file with the answer a copy of:

        (1) any brief that the petitioner submitted in an appellate court contesting the conviction or sentence, or contesting an adverse judgment or order in a post-conviction proceeding;

        (2) any brief that the prosecution submitted in an appellate court relating to the conviction or sentence; and

        (3) the opinions and dispositive orders of the appellate court relating to the conviction or the sentence.

    (e) Reply.The petitioner may submit a reply to the respondent's answer or other pleading within a time fixed by the judge.