Rule 5A:5 - Original Proceedings(a)Original Jurisdiction Proceedings Other Than Actual Innocence Petitions. - With the exception of petitions for the issuance of writs of actual innocence under paragraph (b) of this Rule, all proceedings before this Court pursuant to its original jurisdiction will be conducted in accordance with the procedure prescribed by Rule 5:7 of the Rules of the Supreme Court.(b)Petition for a Writ of Actual Innocence. (1) Scope. Any person convicted of a felony or any person who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult, may file in this Court a petition under Code § 19.2-327.10et seq. seeking a writ of actual innocence based on nonbiological evidence.(2) Form and Contents of Petition. The petition must be filed using Form 10 in the Appendix of Forms following Part 5A and must include all allegations and documents required by subsections A and B of Code § 19.2-327.11.U nder Code § 19.2-327.11B(B) "relevant documents" include, but are not limited to, any orders of conviction, adjudication of delinquency, and sentencing orders being challenged, any appellate dispositions on direct review or any habeas corpus orders (issued by any federal or state court), and any prior petitions filed under Code § 19.2-327.10et seq. in this Court or under Code § 19.2-327.2et seq. in the Supreme Court.(3) Parties. - All pleadings must name as the petitioner the person convicted of a felony or adjudicated delinquent who is seeking relief. The pleadings must identify the Commonwealth, represented by the Attorney General, as respondent.(4) The petition must be accompanied by either (i) a $50.00 filing fee, or (ii) an in forma pauperis affidavit demonstrating that the petitioner cannot afford the filing fee. An affidavit seeking in forma pauperis status must list all assets and liabilities of petitioner, including the current balance of any inmate account maintained by the correctional facility.(5) Appointment of Counsel. If the Court does not summarily dismiss the petition, the Court will appoint counsel for any indigent petitioner who requests the appointment of counsel and satisfies the indigency criteria of Code § 19.2-159.I n the Court's discretion, counsel may be appointed at an earlier stage of the proceeding at the petitioner's request upon a showing of requisite indigency. All requests for the appointment of counsel must be made on the form provided by this Court.(6) Service of Petition and Return of Service. - Prior to filing a petition, the petitioner must serve the petition, along with all attachments, on the Attorney General and on the Commonwealth's Attorney for the jurisdiction where the conviction or adjudication of delinquency occurred. When represented by counsel, the petitioner must file with the petition either (i) a duly executed return of service in the form of a verification that a copy of the petition and all attachments have been served, or (ii) an acceptance of service signed by either or both of the parties to be served, or (iii) a combination of the two. When unrepresented by counsel, the petitioner must file with the petition a certificate that a copy of the petition and all attachments have been sent, by certified mail, to the Attorney General and the Commonwealth's Attorney for the jurisdiction where the conviction or adjudication of delinquency occurred.(7) Response. If this Court does not summarily dismiss the petition, the Court will provide written notice to all parties directing the Commonwealth, within 60 days after receipt of such notice, to file a response to the petition pursuant to Code § 19.2-327.11C(C). For good cause shown, the 60-day deadline may be extended by this Court. The Commonwealth's response may include any information pertinent to the petitioner's guilt, delinquency, or innocence, including proffers of evidence outside the trial court record and evidence previously suppressed at trial.(8) Reply. The petitioner may file a reply to the Commonwealth's response only if directed to do so by this Court.(9) Evidentiary Hearing. This Court may order the circuit court that entered the conviction or adjudication of delinquency to conduct an evidentiary hearing and to certify factual findings pursuant to Code § 19.2-327.12.S uch findings, however, will be limited to the specific questions addressed by this Court in its certification order. In the circuit court, the petitioner and the Commonwealth must be afforded an opportunity to present evidence and to examine witnesses on matters relevant to the certified questions.(10) Oral Argument. Unless otherwise directed by this Court, oral argument will only be allowed on the final decision whether to grant or deny the writ under Code § 19.2-327.13. (11) Appeal. The petitioner or the Commonwealth may petition for appeal to the Supreme Court from any adverse final decision issued by this Court under Code § 19.2-327.13 to issue or deny a writ of actual innocence. Such an appeal is initiated by the filing of a notice of appeal pursuant to Rule 5:14.Amended by order dated June 14, 2005, effective 8/15/2005; amended by order dated April 30, 2010, effective 7/1/2010; amended by order dated June 21, 2013, effective 7/1/2013; amended by order dated February 15, 2017, effective 5/1/2017; amended by order dated September 24, 2020 effective immediately; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021; amended by order dated April 1, 2021, effective 6/1/2021.