§ Rule 3 Filing the Motion; Inmate Filing

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

Rule 3. Filing the Motion; Inmate Filing

    (a) Where to File; Copies.An original and two copies of the motion must be filed with the clerk.

    (b) Filing and Service.The clerk must file the motion and enter it on the criminal docket of the case in which the challenged judgment was entered. The clerk must then deliver or serve a copy of the motion on the United States attorney in that district, together with a notice of its filing.

    (c) Time to File.The time for filing a motion is governed by 28 U.S.C. § 2255 para. 6.

    (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.