A. Scope.
1. These rules shall apply in the United States District Court, Western
District of Pennsylvania, in all proceedings initiated under 28 U.S.C.
§ 2255. In addition to these rules, all parties also should consult 28 U.S.C.
§ 2255 and the applicable provisions of the federal habeas corpus statute,
28 U.S.C. §§ 2241-2266, as amended by the Antiterrorism and Effective
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Western District of Pennsylvania
Death Penalty Act of 1996 ("AEDPA"), P.L. 104-132, effective April 24,
1996.
2. These Local Rules are intended to supplement, when necessary, the
corresponding rules promulgated by the United States Supreme Court that
are entitled "Rules Governing Section 2255 Proceedings for the United
States District Courts." Those rules are cited herein as "the Federal 2255
Rules," and a specific Federal 2255 Rule is cited as “Federal 2255 Rule
___." All parties should consult the Federal 2255 Rules at the
commencement of litigation to ensure compliance with the Federal 2255
Rules, as supplemented by these Local Rules. In filings submitted to this
Court, these Local Rules shall be cited as "LCvR 2255.__."
B. The Motion.
1. Form.
a. Form of Motions Required. Motions seeking relief under 28
U.S.C. § 2255 filed with this Court may be submitted on the
standard form supplied by this Court. If the movant does not use
the standard form, the motion must substantially follow the standard
form supplied by this Court or the form attached to the Federal 2255
Rules. Motions that do not utilize the standard forms shall contain
all of the information required by the standard forms.
b. Content. In the § 2255 motion, the movant is to state all
grounds for relief, provide specific facts supporting each argument,
and identify the relief requested. An accompanying memorandum
of law is not required but will be accepted by the Clerk of Court at
the time the motion is filed.
c. Where to Get the Standard Form. The standard form supplied
by this Court for 28 U.S.C. § 2255 motions can be obtained free of
charge from the following sources: (i) this Court's website
(www.pawd.uscourts.gov); (ii) this Court's Office of the Clerk of
Court upon request; (iii) the Federal Public Defender's website
(http://paw.fd.org); or (iv) the Federal Public Defender's Office upon
request.
d. Requirements Concerning Filing Format. All filings in Section
2255 proceedings must by typed, word-processed or neatly written
in ink. All filings must be submitted on paper sized 8½ by 11 inches.
No writing or typing shall be made on the back of any filing.
e. Return of Motions that Do Not Substantially Comply With
Local Form Rules. If the form or other initial filing submitted by a
pro se movant does not substantially comply with Federal 2255 Rule
2, as supplemented by these Local Rules, the Clerk of Court will
accept the motion and file it for the sole purpose of preserving the
timeliness. If the Court so directs, the filing may be returned to a
pro se movant with a copy of the Court's standard form, a statement
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Western District of Pennsylvania
of reasons for its return, and a directive that the movant resubmit
the claims outlined in the original filing on the Court's form. A
movant will be given 21 days to return his or her filing on the form
supplied by this Court. A party may seek leave of Court for an
extension of time to return the form.
f. Certificate Required in Death Penalty Case. A movant
challenging the imposition of a sentence of death pursuant to a
federal Court judgment shall file with the Clerk of Court a copy of the
"Certificate of Death Penalty Case" required by the Third Circuit
L.A.R. Misc. 111.2(a). The certificate will include the following
information: names, addresses, and telephone numbers of parties
and counsel; if set, the proposed date of execution of the sentence;
and the emergency nature of the proceedings. Upon docketing, the
Clerk of Court will transmit a copy of the certificate, together with a
copy of the relevant documents, to the Clerk of the Court of Appeals
as required by Third Circuit L.A.R. Misc. 111.2(a).
C. Filing and Serving the Motion.
1. The original Section 2255 motion shall be filed with the Office of the
Clerk of Court.
2. Upon receiving the filing, the Clerk of Court will docket it at two places.
The Clerk of Court will assign a civil case number for the motion, open that
civil case, and enter the motion at that civil case number. At the same
time, the Clerk of Court will file and docket the motion at the movant's
related criminal case number. All filings related to the motion thereafter
will be filed and docketed at the criminal case number only, with the
exception of the final judgment order. The final judgment order will be filed
and docketed at the civil case number only. If the movant is represented
by counsel, Electronic Case Filing (ECF) procedures apply.
3. Following docketing of the filing, the Clerk of Court will deliver a copy of
the filing to the United States Attorney by way of a Notice of Electronic
Filing (NEF) or by hard copy. Although the United States Attorney has no
obligation to do so, he or she may elect to respond to the motion prior to
receipt of a District Court order directing that a response be filed.
D. Preliminary Review.
These Local Rules provide no supplement to Federal 2255 Rule 4. Please
consult that rule regarding preliminary review.
E. The Answer and the Reply.
1. Order Directing Response. Upon undertaking preliminary review of
the motion for relief under 28 U.S.C. § 2255 (and the United States
Attorney's initial response, if any), if the Court finds that there is no basis
for dismissal, the Court must enter an order directing the United States
Attorney to respond by way of an Answer, motion or other form of
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Western District of Pennsylvania
response within 45 days. An extension may be granted only for good
cause shown.
2. The Reply. Although not required, the movant may file a Reply within
30 days of the date the United States Attorney files its Answer or other
form of response. If the movant wishes to file a Reply after 30 days have
passed, he or she must file a motion requesting leave to do so. An
extension may be granted only for good cause shown.
F. Discovery. These Local Rules provide no supplement to Federal 2255 Rule
6. Please consult that rule regarding discovery.
G. Expanding the Record. These Local Rules provide no supplement to
Federal 2255 Rule 7. Please consult that rule regarding expanding the record.
H. Evidentiary Hearing. Local Rules of Criminal Procedure [insert Local Rule
here when that Rule is finalized] apply at a hearing under Federal 2255 Rule
8(d).
I. Second or Successive Motions. These Local Rules provide no supplement
to Federal 2255 Rule 9. Please consult that rule regarding second or successive
motions.
J. Powers of a Magistrate Judge. Motions filed under 28 U.S.C. § 2255 shall
be assigned to District Judges only.
K. Appeals.
1. Upon entry of a final decision on a motion decided pursuant to 28
U.S.C. § 2255, the Court shall set forth the judgment on a separate
document and enter the judgment on the civil docket as required under
Fed. R. Civ. P. 58(a)(1).
2. The time for filing a notice of appeal is governed by Fed. R. App. P.
4(a) and such time commences when the Court enters the judgment as
described above in subsection (a).
L. Applicability of the Federal Rules of Civil Procedure and the Federal
Rules of Criminal Procedure. These Local Rules provide no supplement to
Federal 2255 Rule 12. Please consult that rule regarding the applicability of the
Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure.
M. The Appointment of Counsel. There is no constitutional right to counsel in
proceedings brought under 28 U.S.C. § 2255. Financially eligible movants may,
however, request that counsel be appointed at any time. See 18 U.S.C.
§ 3006A. Pursuant to Federal 2255 Rule 6(a), the Court may, if necessary for
effective discovery, appoint counsel for a movant who qualifies to have counsel
appointed under 18 U.S.C. § 3006A. Pursuant to Federal 2255 Rule 8(c), if an
evidentiary hearing is warranted, the Court must appoint counsel to represent a
moving party who qualifies to have counsel appointed under 18 U.S.C. § 3006A.
This Local Rule is not intended to alter or limit the appointment of counsel
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Western District of Pennsylvania
available pursuant to Federal 2255 Rule 6(a), Federal 2255 Rule 8(c), or 18
U.S.C. § 3006A.
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
LOCAL CRIMINAL RULES OF COURT
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
LOCAL CRIMINAL RULES OF COURT
