Local Rule Rule 9.4: Motions to Vacate Sentence Under 28 U.S.C. § 2255 (non-death penalty)
E.D. Pa. — Civil rule
Rule 9.4 Motions to Vacate Sentence Under 28 U.S.C. § 2255 (non-death penalty)
A. Scope
These rules shall apply in the United States District Court for the Eastern District of Pennsylvania, in all non-capital proceedings initiated under 28 U.S.C. § 2255. In addition to these rules, all parties should also consult 28 U.S.C. § 2255, the applicable provisions of the federal habeas corpus statute at 28 U.S.C. §§ 2241-2266, as amended by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), P.L. 104-132, effective April 24, 1996, and the Rules Governing Section 2255 Cases in the United States District Courts.
B. The § 2255 Motion
1. Form
a. Form of Motion Motions seeking relief under 28 U.S.C. § 2255, shall be submitted on the standard form supplied by this Court, and shall provide all of the information required by the form. Any attempt to circumvent this requirement by purporting to incorporate by reference other documents may result in dismissal. Only one side of each page may contain writing; no writing or typing shall be made on the back of any page of the filing.
b. Content The § 2255 motion shall state all grounds for relief, provide specific facts supporting each argument and identify the relief requested. Failure to include all grounds for relief in one, comprehensive pleading, may result in dismissal of any subsequently filed § 2255 motion.
c. Memorandum of Law An accompanying memorandum of law is not required but may be filed at the time the § 2255 motion is filed. A judge may for good cause shown extend the time for filing the memorandum of law. It may not exceed thirty (30) pages, double spaced and single sided, excluding exhibits, and petitioner may seek to amend the page limit by filing a motion stating good cause therefor.
C. The Answer and Reply
1. The Answer Upon order of the Court, or pursuant to the assigned judge's standing policies and procedures for counsel, the United States Attorney shall file an Answer to the § 2255 motion. The answer may not exceed thirty (30) pages, double spaced and single sided, excluding exhibits, and respondents may seek to amend the page limit by filing a motion stating good cause therefor.
2. The Reply Although not required, if the movant chooses to file a Reply, it must be filed within thirty (30) days of the filing of the Answer. It may not exceed thirty (30) pages, double spaced and single sided, excluding exhibits, and petitioner may seek to amend the page limit by filing a motion stating good cause therefor.
D. Appointment of Counsel
There is no constitutional right to counsel in proceedings brought under § 2255. However, where the interest of justice requires, the court has discretion to appoint counsel to financially eligible movants. 18 U.S.C. § 3006A.