Pennsylvania Code
Title 234 - RULES OF CRIMINAL PROCEDURE
Chapter 9 - POST-CONVICTION COLLATERAL PROCEEDINGS
Rule 906 - Answer to Petition for Post-Conviction Collateral Relief
Current through Register Vol. 53, No. 52, December 30, 2023
(A) Except as provided in paragraph (E), an answer to a petition for post-conviction collateral relief is not required unless ordered by the judge. When the judge has not ordered an answer, the attorney for the Commonwealth may elect to answer, but the failure to file one shall not constitute an admission of the well-pleaded facts alleged in the petition.
(B) Upon the entry of an order directing an answer, the clerk of courts shall serve a copy of the order on the attorney for the Commonwealth, the defendant's attorney, or the defendant if unrepresented.
(C) If the judge orders an answer, the answer shall be in writing and shall be filed and served within the time fixed by the judge in ordering the answer. The time for filing the answer may be extended by the judge for cause shown.
(D) The judge may grant leave to amend or withdraw an answer at any time. Amendment shall be freely allowed to achieve substantial justice. Amended answers shall be in writing and shall be filed and served within the time specified by the judge in granting leave to amend.
(E) Answers in Death Penalty Cases
The judge may grant the Commonwealth leave to amend the answer at any time, and amendment shall be freely allowed to achieve substantial justice. Amended answers shall be in writing, and shall be filed and served within the time specified by the judge in granting leave to amend.
The provisions of this Rule 906 amended March 3, 2004, effective 7/1/2004, 34 Pa.B. 1547.