§ 9575. Disposition without evidentiary hearing.
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§ 9575. Disposition without evidentiary hearing.
(a)Evidentiary hearing.-- No more than 20 days after the Commonwealth answers the petition or, if no answer is filed, 20 days after the deadline for answering, the court shall determine whether or not an evidentiary hearing is warranted. An evidentiary hearing shall not be warranted unless controverted, previously unresolved factual issues material to petitioner's conviction or sentence exist.
(b)Written order.-- Failure of the court to issue a written order within the period prescribed under subsection
(a)shall constitute a determination that an evidentiary hearing is warranted on any controverted, previously unresolved factual issues material to petitioner's conviction or sentence.
(c)Disposing of petition.-- If the determination is made that no evidentiary hearing is warranted, the court shall, no later than 90 days from the date of that determination, dispose of the petition, after oral argument if requested, and any postsentence motions filed under the Pennsylvania Rules of Criminal Procedure.
42c9575v
Suspension by Court Order. Section 9575 was suspended August 11, 1997, S.Ct. Order.
Cross References. Section 9575 is referred to in section 9545 of this title.
42c9576s