Section 108. Habeas Corpus Venue

(A) A petition for writ of habeas corpus challenging the legality of the petitioner’s detention or confinement in a criminal matter shall be filed with the clerk of courts of the judicial district in which the order directing the petitioner’s detention or confinement was entered.

(B) A petition for writ of habeas corpus challenging the conditions of the petitioner’s confinement in a criminal matter shall be filed with the clerk of courts of the judicial district in which the petitioner is confined.

Comment

This rule implements Section 6502(b) of the Judicial Code as it applies to the venue for petitions for writs of habeas corpus in criminal matters, 42 Pa.C.S. § 6502(b). The rule is not intended to affect existing law concerning the availability and scope of habeas corpus relief. The rule also is not intended to apply to proceedings authorized by law for post-conviction remedies. See Section 6503 of the Judicial Code, 42 Pa.C.S. § 6503.

Separate petitions are required under this rule when the petitioner is confined in one judicial district due to an order entered in another judicial district and seeks to challenge both the legality and the conditions of confinement. A petition misfiled in the wrong judicial district under this rule may be transferred to the proper judicial district pursuant to Section 5103 of the Judicial Code, 42 Pa.C.S. § 5103(a).

Official Note

Rule 1701 adopted December 11, 1980, effective April 1, 1981; renumbered Rule 108 and amended March 1, 2000, effective April 1, 2001.

Committee Explanatory Reports:

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).