2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 95 - Post-trial Matters
9575 - Disposition without evidentiary hearing.

     § 9575.  Disposition without evidentiary hearing.
        (a)  Evidentiary hearing.--No more than 20 days after the
     Commonwealth answers the petition or, if no answer is filed, 20
     days after the deadline for answering, the court shall determine
     whether or not an evidentiary hearing is warranted. An
     evidentiary hearing shall not be warranted unless controverted,
     previously unresolved factual issues material to petitioner's
     conviction or sentence exist.
        (b)  Written order.--Failure of the court to issue a written
     order within the period prescribed under subsection (a) shall
     constitute a determination that an evidentiary hearing is
     warranted on any controverted, previously unresolved factual
     issues material to petitioner's conviction or sentence.
        (c)  Disposing of petition.--If the determination is made
     that no evidentiary hearing is warranted, the court shall, no
     later than 90 days from the date of that determination, dispose
     of the petition, after oral argument if requested, and any
     postsentence motions filed under the Pennsylvania Rules of
     Criminal Procedure.

        Suspension by Court Order.  Section 9575 was suspended August
     11, 1997, S.Ct. Order.
        Cross References.  Section 9575 is referred to in section
     9545 of this title.