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2255 Instructions To use this form you must be a person who is serving a sentence under a judgment against you in a federal court. Executed signed on date. Signature of Movant required Model Form for Use in 28 U.S.C. 2255 Cases Involving a Rule 9 Issue Abrogated The advisory committee is developing a new form that makes extensive revisions to the existing form.. In this motion you may challenge the judgment entered by only one court. If you want to challenge a judgment entered by a different...
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Court-imposed sentence that is not the result of a conviction, see Question 18 for instructions. If you want to contest a conviction made by a state court, see Question 26. This form is to serve only as an introductory guide on the specific question you are challenging. Do not take these instructions over the phone or in a mailing. Please follow your motion form exactly. Do not make changes to the form while you are filing it. You may want to check with the court clerk to be sure you have followed the instructions as written at the time you filed the motion. You can print the appropriate form from this web page to take with you when you file the motion. Furthermore, you may use the full text or the footnotes. Furthermore, you may also use a copy of the original form or a written translation. The form and any appendices are attached to this Notice of Motion. If you have questions about the form, you may want to consult with an attorney. You may also need to consult with a prosecutor or a federal public defender. You may also wish to talk with a friend or family member who knows what to look for when filing a motion. 3. Your Statement 1. You must identify clearly and accurately each specific finding or fact that you wish to change in the judgment at issue, whether you propose to challenge only the substance of the judgment or only its finality. Failure to do so will prejudice you. 2. You must show clearly and with specificity how any of the evidence or the facts of the case was erroneously admitted or otherwise improperly presented to the court or jury. 3. You may state only one of the bases for your change, for example: I challenge the substance of this conviction or of the sentence. I challenge the finality of this sentence. 4. Your Statement will not include any statements or representations for reasons relating to the guilt or the innocence of the individual at the time of the defendant's alleged conduct. 5. The Statement must be completed and signed in the presence of two marshals acting as your agent. 6. If the individual whom you seek to challenge is not in federal custody, you must sign your statement in the presence of other marshals or in the presence of the individual if you are requesting a motion for release by that individual. 7. The Statement will not state any facts or conclusions about the alleged defendant based on facts that you know to be false or materially misstated. 8.
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