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Rule 575 – Motions and Answers

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) MOTIONS

(1) All motions shall be in writing, except as permitted by the court or when made in open court during a trial or hearing.
(2) A written motion shall comply with the following requirements:

(a) The motion shall be signed by the person or attorney making the motion. The signature of an attorney shall constitute a certification that the attorney has read the motion, that to the best of the attorney’s knowledge, information, and belief there is good ground to support the motion, and that it is not interposed for delay. The motion also shall contain a certification that the motion complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania regarding confidential information and documents.
(b) The motion shall include the court, caption, term, and number of the case in which relief is requested.
(c) The motion shall state with particularity the grounds for the motion, the facts that suport each ground, and the types of relief or order requested.
(d) The motion shall be divided into consecutively numbered paragraphs, each containing only one material allegation as far as practicable.
(e) The motion shall include any requests for hearing or argument, or both.
(f) The motion shall include a certificate of service as required by Rule 576(B)(4).
(g) If the motion sets forth facts that do not already appear of record in the case, the motion shall be verified by the sworn affidavit of some person having knowledge of the facts or by the unsworn written statement of such a person that the facts are verified subject to the penalties for unsworn falsification to authorities under the Crimes Code § 4904, 18 Pa.C.S. § 4904.
(3) The failure, in any motion, to state a type of relief or a ground therefor shall constitute a waiver of such relief or ground.
(4) Any motion may request such alternative relief as may be appropriate.
(5) Rules to Show Cause and Rules Returnable are abolished. Notices of hearings are to be provided pursuant to Rules 114(B) and 577(A)(2).
(B) ANSWERS

(1) Except as provided in Rule 906 (Answer to Petition for Post-Conviction Collateral Relief), an answer to a motion is not required unless the judge orders an answer in a specific case as provided in Rule 577. Failure to answer shall not constitute an admission of the facts alleged in the motion.
(2) A party may file a written answer, or, if a hearing or argument is scheduled, may respond orally at that time, even though an answer is not required.
(3) A written answer shall comply with the following requirements:

(a) The answer shall be signed by the person or attorney making the answer. The signature of an attorney shall constitute a certification that the attorney has read the answer, that to the best of the attorney’s knowledge, information, and belief there is good ground to support the answer, and that it is not interposed for delay. The answer also shall contain a certification that the answer complies with the provisions of the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania regarding confidential information and documents.
(b) The answer shall meet the allegations of the motion and shall specify the type of relief, order, or other action sought.
(c) The answer shall include a certificate of service as required by Rule 576(B)(4).
(d) If the answer sets forth facts that do not already appear of record in the case, the answer shall be verified by the sworn affidavit of some person having knowledge of the facts or by the unsworn written statement of such a person that the facts are verified subject to the penalties for unsworn falsification to authorities under the Crimes Code § 4904, 18 Pa.C.S. § 4904.
(e) The answer shall be filed not later than 10 days after service of the motion, unless otherwise ordered by the court.
(C) Format of Motions, Answers, and Briefs

All motions, answers, and briefs must conform to the following requirements:

(1) The document shall be on 8 1/2 inch by 11 inch paper.
(2) The document shall be prepared on white paper (except for dividers and similar sheets) of good quality.
(3) The first sheet shall contain a 3-inch space from the top of the paper for all court stampings, filing notices, etc.
(4) The text must be double spaced, but quotations more than two lines long may be indented and single spaced. Margins must be at least one inch on all four sides.
(5) The lettering shall be clear and legible and no smaller than point 12. The lettering shall be on only one side of a page, except that exhibits and similar supporting documents may be lettered on both sides of a page.
(6) Documents and papers shall be firmly bound.
(D) Unified Practice

Any local rule that is inconsistent with the provisions of this rule is prohibited, including any local rule requiring a party to attach a proposed order to a motion or an answer, requiring an answer to every motion, or requiring a cover sheet or a backer for any motion or answer.

234 Pa. Code § 575

Amended by Pennsylvania Bulletin, Vol 48, No. 03. January 20, 2018, effective 1/20/2018
Amended by Pennsylvania Bulletin, Vol 48, No. 24. June 16, 2018, effective 6/16/2018

Committee Explanatory Reports:

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000) .

Final Report explaining the March 3, 2004, rule changes combining Rule 574 with Rule 577 published with the Court’s Order at 34 Pa.B. 1561 (March 20, 2004) .