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an affidavit in the form of a sworn or attested statement, letter, or application. This verified motion or accompanying affidavit will have to Evidently condition (1) which the defendant's conviction is no longer legitimate and isn't topic to retrial; (2) the asked for refund is made up of fines, service fees, expenditures, or restitution assessed only due to the invalidated conviction; (three) the amount of the asked for refund; and (4) the defendant has paid out the requested sum. [Note thirteen] The sworn or attested software alone is sufficient to satisfy the defendant's stress of production. But, if possible, the defendant must recognize any docket entries reflecting his / her payment of monies, and health supplement his / her application with another present proof (e.g., receipts or payment files) the defendant reasonably can Track down that have a tendency to guidance the refund claim. As soon as the defendant has fulfilled his / her load of generation, the stress of evidence shifts for the Commonwealth. At this stage, the Commonwealth could rebut the defendant's promises by making evidence which the defendant is just not entitled to the refund or is entitled into a refund in an volume that differs from what they asked for.
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