Time for petition; contents of petition. (a) Filing date.-- Any petition under this subchapter shall be filed within 120 days of the date the
Pennsylvania Consolidated Statutes
Section: 9573
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 9573
§ 9573. Time for petition; contents of petition. (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. Suspension by Court Order. Section 9573 was suspended August 11, 1997, S.Ct. Order.
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