Pennsylvania § 9576 Evidentiary hearing

Pennsylvania Statutes

§ 9576 — Evidentiary hearing

Pennsylvania·Title 42 JUDICIARY AND JUDICIAL PROCEDURE·Part PART VIII·Ch. 95 POST-TRIAL MATTERS·Subch. UNITARY REVIEW IN DEATH PENALTY CASES

(a)Order.--If the court determines that an evidentiary hearing is warranted, the court shall enter an order no more than 20 days after the Commonwealth answers the petition or, if no answer is filed, 20 days after the deadline for answering, setting a date for the hearing.

(b)Date.--The hearing shall be scheduled to occur not less than ten days and not more than 45 days from the date of the order setting the hearing. The court may, for good cause shown, grant leave to continue the hearing.

(c)Disposing of petition.--Not later than 90 days after the evidentiary hearing, the court shall dispose of the petition and any postsentence motions filed under the Pennsylvania Rules of Criminal Procedure.

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(a) Order.--If the court determines that an evidentiary hearing is warranted, the court shall enter an order no more than 20 days after the Commonwealth answers the petition or, if no answer is filed, 20 days after the deadline for answering, setting a date for the hearing.

(b) Date.--The hearing shall be scheduled to occur not less than ten days and not more than 45 days from the date of the order setting the hearing. The court may, for good cause shown, grant leave to continue the hearing.

(c) Disposing of petition.--Not later than 90 days after the evidentiary hearing, the court shall dispose of the petition and any postsentence motions filed under the Pennsylvania Rules of Criminal Procedure.

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Legislative History

Suspension by Court Order.Section 9576 was suspended August 11, 1997, S.Ct. Order. Cross References.Section 9576 is referred to in section 9545 of this title.