§ 9573. Time for petition; contents of petition.

219 words·~1 min read·/pa/title-42/chapter-95/9573

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Filing date.-- Any petition under this subchapter shall be filed within 120 days of the date the trial transcript is filed with the court. The court may, for good cause shown, grant extensions of time totaling no more than 90 days.

(b)Subsequent or untimely claims.-- Any claim raised after the time specified in subsection

(a)shall be dismissed unless it satisfies section 9578 (relating to subsequent petitions).

(c)Evidentiary hearing.-- Where the petitioner requests an evidentiary hearing, the petition shall include a signed certification as to each intended witness stating the witness's name, address, date of birth and substance of testimony and shall include any documents material to that witness's testimony. Failure to substantially comply with the requirements of this subsection shall render the proposed witness's testimony inadmissible.

(d)Discovery.-- Discovery shall be permitted, and no reasonable discovery request of the petitioner shall be denied except upon demonstration of exceptional circumstances justifying denial of the discovery requests.

(e)Claim for relief.-- When a claim for relief is based on an allegation of ineffective assistance of counsel as a ground for relief, any privilege concerning counsel's representation as to that issue shall be automatically terminated.

42c9573v

Suspension by Court Order. Section 9573 was suspended August 11, 1997, S.Ct. Order.

42c9574s