Alle. Cnty. Pa. 302

As amended through April 9, 2024
Rule 302 - Contents of Petition

The petition for the issuance of the writ of habeas corpus shall contain allegations of fact as follows:

(1) The basis for the jurisdiction and venue of the Court shall be set forth, as well as the place of confinement or restraint. If the place of confinement or restraint is unknown, this shall be alleged.
(2) Facts must be alleged that show precisely the alleged illegal restraint and the identity of the person in whose custody the person is restrained.
(3)
(a) Any prior or pending legal proceeding pertaining to the restraint shall be referred to specifically. Any basis or authority for the restraint shall be specifically set forth. If the basis or authority for the restraint is unknown, this shall be alleged.
(b) When the restraint is a result of a commitment by an issuing authority, a statement of the proceedings before the issuing authority shall be attached.
(4) The facts upon which the right to relief is based must be alleged and a succinct statement of the reasons why the restraint is unlawful shall be set forth without extended argument.

Alle. Cnty. Pa. 302

Adopted October 4, 2006, effective 12/4/2006; amended effective 9/13/2022; amended effective 11/13/2023.