District court — criminal · Post-conviction
Motion to Vacate, Set Aside or Correct Sentence (28 U.S.C. § 2255)
Collateral attack on a federal sentence.
Filed by: Federal prisoner
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Every ground for relief and supporting facts (§ 2255 Rule 2(b))
- Relief requested
- Signed under penalty of perjury (§ 2255 Rule 2(b)(5))
- Substantially follows the official form or the local form (§ 2255 Rule 2(c))
Deadline and length
Deadline: Generally within 1 year from the latest of the events in 28 U.S.C. § 2255(f).
Governing rules
- 28 U.S.C. § 2255
- Rules Governing Section 2255 Proceedings, Rule 2
Check the local rules for
- Local § 2255 form
Applies in federal district courts. Find your court for its local requirements.
Draft this filing in DraftAria.
Court-formatted template with this checklist built in, and brackets where your matter details go.