28 U.S.C. § 2202 — Further relief

Page 517 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 2241 1976—Pub. L. 94–455 substituted ‘‘taxes other than ac- tions brought under section 7428 of the Internal Rev- enue Code of 1954’’ for ‘‘taxes’’. 1958—Pub. L. 85–508 struck out provisions which re- lated to District Court for Territory of Alaska. See sec- tion 81A of this title which establishes a United States District Court for the State of Alaska. 1954—Act Aug. 28, 1954, extended provisions to Alaska. 1949—Act May 24, 1949, corrected spelling of ‘‘or’’ in second sentence. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under sec- tion 1516a of Title 19, Customs Duties, or binational panel reviews under NAFTA, see section 432 of Pub. L. 116–113, set out as a note under section 1516a of Title 19. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], but not applicable to any final determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of Title 19, Customs Duties, notice of which is published in the Federal Register before such date, or to a determina- tion described in section 1516a(a)(2)(B)(vi) of Title 19, notice of which is received by the Government of Can- ada or Mexico before such date, or to any binational panel review under the United States-Canada Free- Trade Agreement, or to any extraordinary challenge arising out of any such review that was commenced be- fore such date, see section 416 of Pub. L. 103–182, for- merly set out as an Effective Date note under former section 3431 of Title 19. EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT Amendment by Pub. L. 100–449 effective on date United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100–449, set out in a note under section 2112 of Title 19, Customs Duties. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–455 applicable with respect to pleadings filed with the United States Tax Court, the District Court of the United States for the District of Columbia, or the United States Court of Claims more than 6 months after Oct. 4, 1976, but only with respect to determinations (or requests for determinations) made after Jan. 1, 1976, see section 1306(c) of Pub. L. 94–455, set out as an Effective Date note under section 7428 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, see notes set out under section 81A of this title and preceding section 21 of Title 48, Territories and Insular Possessions. EFFECT OF TERMINATION OF USMCA COUNTRY STATUS For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of Title 19, Customs Duties. AMOUNT IN CONTROVERSY Jurisdictional amount in diversity of citizenship cases, see section 1332 of this title. § 2202. Further relief Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against any adverse party whose rights have been deter- mined by such judgment. (June 25, 1948, ch. 646, 62 Stat. 964.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 400 (Mar. 3, 1911, ch. 231, § 274d, as added June 14, 1934, ch. 512, 48 Stat. 955; Aug. 30, 1935, ch. 829, § 405, 49 Stat. 1027). This section is based on the second paragraph of sec- tion 400 of title 28, U.S.C., 1940 ed. Other provisions of such section are incorporated in section 2201 of this title. Provision in said section 400 that the court shall re- quire adverse parties whose rights are adjudicated to show cause why further relief should not be granted forthwith, were omitted as unnecessary and covered by the revised section. Provisions relating to submission of interrogatories to a jury were omitted as covered by rule 49 of the Fed- eral Rules of Civil Procedure. Changes were made in phraseology. CHAPTER 153—HABEAS CORPUS Sec. 2241. Power to grant writ. 2242. Application. 2243. Issuance of writ; return; hearing; decision. 2244. Finality of determination. 2245. Certificate of trial judge admissible in evi- dence. 2246. Evidence; depositions; affidavits. 2247. Documentary evidence. 2248. Return or answer; conclusiveness. 2249. Certified copies of indictment, plea and judg- ment; duty of respondent. 2250. Indigent petitioner entitled to documents without cost. 2251. Stay of State court proceedings. 2252. Notice. 2253. Appeal. 2254. State custody; remedies in Federal courts. 2255. Federal custody; remedies on motion attack- ing sentence. [2256. Omitted.] SENATE REVISION AMENDMENT Chapter catchline was changed by Senate amend- ment. See 80th Congress Senate Report No. 1559. Editorial Notes AMENDMENTS 1978—Pub. L. 95–598, title II, § 250(b), Nov. 6, 1978, 92 Stat. 2672, directed the addition of item 2256 ‘‘Habeas corpus from bankruptcy courts’’, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 1966—Pub. L. 89–711, § 3, Nov. 2, 1966, 80 Stat. 1106, sub- stituted ‘‘Federal courts’’ for ‘‘State Courts’’ in item 2254. § 2241. Power to grant writ (a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the dis- trict courts and any circuit judge within their respective jurisdictions. The order of a circuit judge shall be entered in the records of the dis- trict court of the district wherein the restraint complained of is had. (b) The Supreme Court, any justice thereof, and any circuit judge may decline to entertain