E.D. Pa. L. Civ. R. 9.4

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.

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b. Content

The § 2255 motion shall state all grounds for relief, provide specific facts supporting

each argument and identify the relief requested. Failure to inclu de 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 a mend 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 Ans wer 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 t he 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.