237 Pa. Code r. 622 - Motion for Nunc Pro Tunc Relief

A. Timing. A motion for nunc pro tunc relief shall be filed by the juvenile with the clerk of courts in the court in which the alleged error occurred as soon as possible but no later than sixty days after the date that the error was made known.

B. Counsel. If alleged ineffective assistance of counsel is the basis for the motion, counsel is to withdraw pursuant to Rule 150(C) and the judge shall assign new counsel.

C. Contents of Motion. A motion for relief under this rule shall include:

1) the name of the juvenile and case docket number;

2) the location of the juvenile;

3) the delinquent act(s) for which the juvenile was adjudicated delinquent;

4) if ineffective assistance of counsel is alleged, the name of counsel who allegedly rendered ineffective assistance;

5) the relief requested;

6) a statement that one of the following requirements for the relief has been met:

a) there is a need for correction of an error to accurately reflect the court's findings; or

b) allegations that:

1) the juvenile has been adjudicated delinquent and is under the court's supervision;

2) there is a legitimate basis for the relief requested; and

3) there are sufficient facts upon which to conclude the delay was justified and should be overlooked in the interest of justice;

7) the facts supporting the grounds for relief and sufficient facts to support any delay in filing the motion for relief that:

a) appear in the record, and the place in the record where they appear; and

b) do not appear in the record, and an identification of any affidavits, documents, and other evidence showing such facts;

8) whether the grounds for the relief requested were raised before, and if so, at what stage of the proceedings;

9) a verification that the facts set forth in the motion are true and correct to the best of the movant's personal knowledge or information and belief and that any false statements are made subject to the penalties of the Crimes Code, 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities;

10) if applicable, any request for an evidentiary hearing, including:

a) a signed certification by counsel as to each intended witness, stating the:

i) witness's name;

ii) witness's address;

iii) witness's date of birth; and

iv) the substance of the witness's testimony; and

b) any documents material to the witness's testimony, attached to the motion; and

11) if applicable, any request for discovery.

D. Answer.

1) The Commonwealth may answer the motion. If the Commonwealth chooses to respond to the motion, such response shall:

a) be submitted within ten days of receipt of the motion; and

b) include a verification that the facts set forth in the answer are true and correct to the best of the attorney's personal knowledge or information and belief and that any false statements are made subject to the penalties of the Crimes Code, 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities;

2) the court may order the Commonwealth to file an answer within a timeframe established by the court.

Notes

237 Pa. Code r. 622

The provisions of this Rule 622 adopted February 23, 2012, effective 4/1/2012, 42 Pa.B. 1214.