234 Pa. Code § 908 - Hearing
(A) Except as
provided in Rule 907, the judge shall order a hearing:
(1) whenever the Commonwealth files a motion
to dismiss due to the defendant's delay in filing the petition; or
(2) when the petition for post-conviction
relief or the Commonwealth's answer, if any, raises material issues of fact.
However, the judge may deny a hearing on a specific issue of fact when a full
and fair evidentiary hearing upon that issue was held at trial or at any
proceeding before or after trial.
The judge shall schedule the hearing for a time that will afford the parties a reasonable opportunity for investigation and preparation, and shall enter such interim orders as may be necessary in the interests of justice.
(B) The
judge, on petition or request, shall postpone or continue a hearing to provide
either party a reasonable opportunity, if one did not exist previously, for
investigation and preparation regarding any new issue of fact raised in an
amended petition or amended answer.
(C) The judge shall permit the defendant to
appear in person at the hearing and shall provide the defendant an opportunity
to have counsel.
(D) Upon the
conclusion of the hearing the judge shall determine all material issues raised
by the defendant's petition and the Commonwealth's answer, or by the
Commonwealth's motion to dismiss, if any.
(1)
If the judge dismisses the petition, the judge promptly shall issue an order
denying relief. The order shall be filed and served as provided in Rule
114.
(2) If the judge grants the
petition, the judge promptly shall issue an order granting a specific form of
relief, and issue any supplementary orders appropriate to the proper
disposition of the case. The order shall be filed and served as provided in
Rule 114.
(E) If the
judge disposes of the case in open court in the presence of the defendant at
the conclusion of the hearing, the judge shall advise the defendant on the
record of the right to appeal from the final order disposing of the petition
and of the time within which the appeal must be taken. If the case is taken
under advisement, or when the defendant is not present in open court, the
judge, by certified mail, return receipt requested, shall advise the defendant
of the right to appeal from the final order disposing of the petition and of
the time limits within which the appeal must be filed.
Notes
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