Current through Register Vol. 54, No. 44, November 2, 2024
(A) A
petition for post-conviction collateral relief shall bear the caption, number,
and court term of the case or cases in which relief is requested and shall
contain substantially the following information:
(1) the name of the defendant;
(2) The place where the defendant is
confined, or if not confined, the defendant's current address;
(3) The offenses for which the defendant was
convicted and sentenced;
(4) The
date on which the defendant was sentenced;
(5) whether the defendant was convicted by a
jury, by a judge without jury, on a plea of guilty, or on a plea of nolo
contendere;
(6) The sentence
imposed and whether the defendant is now serving or waiting to serve that
sentence;
(7) The name of the judge
who presided at trial or plea and imposed sentence;
(8) The court, caption, term, and number of
any proceeding (including appeals, prior post-conviction collateral
proceedings, and federal court proceedings) instituted by the defendant to
obtain relief from conviction or sentence, specifying whether a proceeding is
pending or has been completed;
(9)
the name of each lawyer who represented the defendant at any time after arrest,
and the stage of the case at which each represented the defendant;
(10) The relief requested;
(11) The grounds for the relief
requested;
(12) The facts
supporting each such ground that:
(a) appear
in the record, and the place in the record where they appear; and
(b) do not appear in the record, and an
identification of any affidavits, documents, and other evidence showing such
facts;
(13) whether any
of the grounds for the relief requested were raised before, and if so, at what
stage of the case;
(14) a
verification by the defendant that:
(a) The
facts set forth in the petition are true and correct to the best of the
defendant's personal knowledge or information and belief and that any false
statements therein are made subject to the penalties of the Crimes Code,
18 Pa.C.S. §
4904,
relating to unsworn falsification to authorities; and
(b) The attorney filing the petition is
authorized by the defendant to file the petition on the defendant's
behalf;
(15) if
applicable, any request for an evidentiary hearing. The request for an
evidentiary hearing shall include a signed certification as to each intended
witness, stating the witness's name, address, and date of birth, and the
substance of the witness's testimony. Any documents material to the witness's
testimony shall also be included in the petition; and
(16) if applicable, any request for
discovery.
The petition may, but need not, include concise argument or
citation and discussion of authorities.
(B) Each ground relied upon in support of the
relief requested shall be stated in the petition. Failure to state such a
ground in the petition shall preclude the defendant from raising that ground in
any proceeding for post-conviction collateral relief.
(C) The defendant shall state in the petition
the name and address of the attorney who will represent the defendant in the
post-conviction collateral proceeding. If the defendant is unable to afford or
otherwise procure counsel, and wants counsel appointed, the defendant shall so
state in the petition and shall request the appointment of counsel.
(D) The defendant shall attach to the
petition any affidavits, records, documents, or other evidence which show the
facts stated in support of the grounds for relief, or the petition shall state
why they are not attached.
(E)
Requests for Discovery
(1) Except as provided
in paragraph (E)(2), no discovery shall be permitted at any stage of the
proceedings, except upon leave of court after a showing of exceptional
circumstances.
(2) On the first
counseled petition in a death penalty case, no discovery shall be permitted at
any stage of the proceedings, except upon leave of court after a showing of
good cause.
