![]() ![]() Where affidavits filed by the moving party under subdivision (c)(3) establish a prima facie case for relief, the judge on motion of any party, after notice to the opposing party and an opportunity to be heard, may authorize such discovery as is deemed appropriate, subject to appropriate protective order. The judge may on rule on the issue or issues presented by such motion on the basis of the facts alleged in the affidavits without further hearing if no substantial issue is raised by the motion or affidavits. Moving parties shall file and serve and parties opposing a motion may file and serve affidavits where appropriate in support of their respective positions. Any grounds not so raised are waived unless the judge in the exercise of discretion permits them to be raised in a subsequent motion, or unless such grounds could not reasonably have been raised in the original or amended motion. (2) WaiverĪll grounds for relief claimed by a defendant under subdivisions (a) and (b) of this rule shall be raised by the defendant in the original or amended motion. The moving party shall serve the office of the prosecutor who represented the Commonwealth in the trial court with a copy of any motion filed under this rule. Rule 39: Records of foreign proceedings and notice of foreign law.Rule 35: Depositions to perpetuate testimony.Rule 33: Counsel for defendants indigent or indigent but able to contribute.Rule 31: Stay of execution relief pending review automatic expiration of stay.Rule 29: Revision or revocation of disposition.Rule 25: Motion required for finding of not guilty.Rule 24: Opening statements arguments instructions to jury.Rule 11: Pretrial conference and pretrial hearing.Rule 9: Joinder of offenses or defendants.Rule 7: Initial appearance and arraignment.Rule 6: Summons to appear arrest warrant.Rule 4: Form and contents of complaint or indictment amendment. ![]() Rule 3.1: Determination of probable cause for detention. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |