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Rule 902 – Content of Petition for Post-Conviction Collateral Relief; Request for Discovery

May 14, 2021 | Criminal Procedure, Pennsylvania

(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.

234 Pa. Code § 902

Committee Explanatory Reports:

Final Report explaining the August 11, 1997 amendments published with the Court’s Order at 27 Pa.B. 4305 (August 23, 1997) .

Final Report explaining the July 23, 1999 amendments concerning stays published with the Court’s Order at 29 Pa.B. 4167 (August 7, 1999) .

Final Report explaining the January 21, 2000 Comment revision cross-referencing Rule 1504(F) (1) (a) published with the Court’s Order at 30 Pa.B. 624 (February 5, 2000) .

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 February 26, 2002 amendments concerning entry of appearance by counsel published with the Court’s Order at 32 Pa.B. 1393 (March 16, 2002) .

Final Report explaining the April 28, 2005 Comment revision published with the Court’s Order at 35 Pa.B. 2859 (May 14, 2005) .