Gov or call the clerk's office in advance with their information. When this happens, Counsel of Record are required to (a) obtain a blank form in the Courtroom and neatly complete it in black ink; (b) make appropriate.The applicant must prove all elements that make up a finding of ineffective counsel on a standard of balance of probabilities. The form should be based on Form 9 of the Criminal Proceedings Rules and modified to state that the case is in the Court of Appeal. Get expert advice on filing a 2255 motion form and preventing opposing counsel from adding extra evidence. A letter in Form A to trial counsel requesting an affidavit in response to the allegations set out in the appellant's material. 8. Fill out the intake form and have your login credentials sent directly to your inbox. Registration. Learn. Who may file a habeas corpus petition? D. Whether There Was an Improper Basis for Expert. On appeal, he claims prior counsel provided ineffective assistance and the trial court improperly considered evidence.