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§ 5806. Motion for return of property

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: July 1, 2017

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VI. Actions, Proceedings and Other Matters Generally
Chapter 58. Forfeiture of Assets
Effective: July 1, 2017
42 Pa.C.S.A. § 5806
§ 5806. Motion for return of property
Currentness
(a) Motion.--The following shall apply:
(1) A person aggrieved by a search and seizure may move for the return of the property seized by filing a motion in the court of common pleas in the judicial district where the property is located.
(2) The filer under paragraph (1) must serve the Commonwealth.
(3) Upon proof of service, the court shall schedule a prompt hearing on the motion and shall notify the Commonwealth. A hearing on the motion shall, to the extent practicable and consistent with the interests of justice, be held within 30 days of the filing of the motion.
(4) The assigned judge may require the filing of an answer.
(5) If a forfeiture petition was filed by the Commonwealth before the filing of a motion for return of property, the motion shall be assigned to the same judge for disposition, as practicable.
(b) Contents of motion.--A motion under this section shall:
(1) Be signed by the petitioner under penalty of perjury.
(2) Describe the nature and extent of the petitioner's right, title or interest in the property, the time and circumstances of the petitioner's acquisition of the right, title or interest in the property and any additional facts supporting the petitioner's claim. The information shall include:
(i) A description of the property seized.
(ii) A statement of the time and place where seized, if known.
(iii) The owner, if known.
(iv) The person in possession, if known.
(3) Identify the relief sought, which may include:
(i) Return of the petitioner's property.
(ii) Reimbursement for the petitioner's legal interest in the property.
(iii) Severance of the petitioner's property from the forfeited property.
(iv) Any relief the court deems appropriate and just.

Credits

2017, June 29, P.L. 247, No. 13, § 9, effective July 1, 2017.
42 Pa.C.S.A. § 5806, PA ST 42 Pa.C.S.A. § 5806
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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