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Section 2255 provides that “prisoners” may move for relief “on the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack.” Most Circuits of the Court of Appeals have interpreted this language to mean that defendants who meet § 2255’s custody requirement may not raise issues which challenge aspects of their sentence which are unrelated to their custody. Most § 2255 motions allege violations of the defendant’s Sixth Amendment right to the effective assistance of counsel.

One of the most significant differences between a direct appeal and a § 2255 motion is that direct appeals are decided based on the district court record as it exists as of the time the notice of appeal is filed. In contrast, § 2255 motions offer defendants the opportunity to present the court with new evidence. While issues which may be raised in a § 2255 motion are not limited by the record as it exists at the time the motion is filed, unlike in a direct appeal, not all issues may be raised in a § 2255 motion. Section 2255 motions may only be used to raise jurisdictional, constitutional, or other fundamental errors. 

Identifying an appropriate § 2255 issue is no guarantee of success. Even prisoners who have good issues must often overcome numerous obstacles before a court will even address them. For example, if an issue could have been raised on direct appeal, but was not, a district court will not consider the issue in a § 2255 proceeding unless the defendant can demonstrate “cause” (such as ineffective assistance of counsel) for not raising the issue earlier and “prejudice” (that is, that the error likely made a difference in the outcome). For this reason, it is generally not a good idea to forego a direct appeal and proceed directly to a § 2255 motion. Conversely, if an issue was raised and decided on appeal, a defendant is procedurally barred from raising it again in a § 2255 motion, absent extraordinary circumstances, such as an intervening change in the law or newly discovered evidence.

Prisoners who cannot afford to hire private counsel have no right to appointed counsel to assist them in filing § 2255 proceedings. Indigent litigants may, however, petition the court for appointment of counsel. A court has discretion to appoint counsel any stage of the proceeding if the interest of justice so requires.” 18 U.S.C. §3006A(a)(2)(B); Fed.R.Gov. § 2255 Proc. 8(c). Appointment of counsel is mandated only if the court grants an evidentiary hearing, Rule 8(c), or if the court permits discovery and deems counsel “necessary for effective utilization of discovery procedures.” Rule 6(a).

Prior to Congress’ enacting the Antiterrorism and Effective Death Penalty Act (“AEDPA”) in 1996, there was no specific limit on the time within which a prisoner was required to file a § 2255 motion. The AEDPA’s amendment of 28 U.S.C. § 2255 imposed a one-year statute of limitations which is triggered by the latest of four events:

(1) the date on which the judgment of conviction becomes final;
(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action;
(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.

All defendants thus have one year from the date on which their judgments of conviction become final within which to file § 2255 motions. Occasionally a particular defendant will be able to file a § 2255 motion beyond that date when a new year-long limitation period is triggered by one of the other events listed above.

After filing a Section 2255 motion, the judge reviews the motion, case records, and exhibits. The court may dismiss the motion if it does not provide grounds for relief or if the claims are refuted by the case records. If the government responds, the defendant may file a memorandum in reply if allowed by local court rules or court order.

The length of the § 2255 motion process can vary, ranging from several weeks (for summary dismissal) to over a year (if the government responds and a hearing is held) before a court either grants or dismisses the motion.

The special rules that apply to § 2255 motions are known as the "Rules Governing Section 2255 Proceedings For the United States District Courts." These rules cover various aspects of the process, including the scope of the rules, form and filing of the motion, preliminary consideration by the judge, the government's answer, discovery, evidentiary hearing, appeal procedures, and more. Additionally, if no specific rule applies, the district court has the flexibility to proceed lawfully and may consider the Federal Rules of Criminal Procedure or the Federal Rules of Civil Procedure, whichever it deems appropriate.

Rule 6 of the Rules Governing § 2255 Proceedings allows both defendants and the government to conduct discovery following the Federal Rules of Civil Procedure, but only with permission from the court. The court has the discretion to grant discovery requests "for good cause shown, but not otherwise."