Criminal procedure
Section 2255 Motion
A Section 2255 motion is a federal prisoner's request to vacate, set aside, or correct a sentence because it violates the Constitution or federal law.
It is the main collateral attack for people convicted in federal court, filed in the sentencing court rather than by appeal. The most common ground is ineffective assistance of counsel, which usually cannot be raised on direct appeal because it depends on facts outside the trial record.
There is generally a one-year deadline, and second or successive motions require permission from the court of appeals. Filing one opens a new civil docket linked to the criminal case.
These motions frequently require evidentiary hearings. Claims that counsel failed to investigate or misadvised a client about a plea offer depend on facts outside the record, so the court may take testimony from the former lawyer.
How it appears on a docket
MOTION to Vacate, Set Aside or Correct Sentence under 28 U.S.C. Sec. 2255, opened as civil case 1:27-cv-00918 and referred to Magistrate Judge Okafor.
Governing rule
28 U.S.C. Sec. 2255
Related terms
- Habeas Corpus — A writ of habeas corpus is a court order requiring the government to justify holding someone in custody.
- Certificate of Appealability — A certificate of appealability is the permission a habeas or Section 2255 petitioner must obtain before a court of appeals will hear their appeal.
More on criminal procedure
See this term in a real case
Search federal court records and read the filings where section 2255 motion actually shows up. New to federal dockets? Start with how to find a federal case.