This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Habeas Corpus Writ Petition In High Court In Allegheny
Category:
State:
Multi-State
County:
Allegheny
Control #:
US-000277
Format:
Word;
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FAQ
A writ of habeas corpus is a court order commanding someone with a person in custody to produce that person before the court and show why the person is being held.
Rule 212.2 - Pre-Trial Statement (a) Each party shall file and serve upon all other parties a written pre-trial statement in conformity with the requirements of Pa. R.C.P.
State every ground (reason) that supports your claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts supporting each ground. Any legal arguments must be submitted in a separate memorandum.
The court must rule on a petition for writ of habeas corpus within 60 days after the petition is filed. (B) If the court fails to rule on the petition within 60 days of its filing, the petitioner may file a notice and request for ruling.
Rule 236 - Notice by Prothonotary of Entry of Order or Judgment (a) The prothonotary shall immediately give written notice of the entry of (1) a judgment entered by confession to the defendant by ordinary mail together with a copy of all documents filed with the prothonotary in support of the confession of judgment.
(A) A petition for writ of habeas corpus challenging the legality of the petitioner's detention or confinement in a criminal matter shall be filed with the clerk of courts of the judicial district in which the order directing the petitioner's detention or confinement was entered.
234.1 - Subpoena to Attend and Testify. (a) A subpoena is an order of the court commanding a person to attend and testify at a particular time and place. It may also require the person to produce documents or things which are under the possession, custody or control of that person.
Rule 212.2 - Pre-Trial Statement (a) Each party shall file and serve upon all other parties a written pre-trial statement in conformity with the requirements of Pa. R.C.P.
A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.
Rule 212.2 - PRE-TRIAL CONFERENCE (a) Pre-trial conferences shall be mandatory in all contested civil actions listed for trial by jury, and shall be held in the chambers of the Judge for the purposes set forth in Pa. R.C.P. 212.