The arguments will be heard during the start of the December session virtually, according to the filing.
Cosby, once known as “America’s Dad,” was convicted in 2018 for drugging and sexually assaulting a former Temple University employee. Andrea Constand had claimed the comedian gained her trust before allegedly sexually assaulting her at his home in 2004.
He is less than two years into a three-to-10 year sentence at a prison outside Philadelphia.
A previous ruling by the high court granted the former actor and comedian the ability to appeal two issues in the case. One issue pertains to the witnesses who testified about alleged assaults that were not part of the charges. And the second involves the prior district attorney’s decision not to charge Cosby a decade ago.
But, Cosby’s legal team has argued that their testimony was dated and dissimilar from the criminal accusations and should not have been allowed in court.
In addition, the trial featured Cosby’s deposition in his civil case in which he admitted that he procured Quaaludes for women he wanted to have sex with. Cosby’s attorneys say he only answered deposition questions because he was allegedly promised there would not be a criminal case based on Constand’s allegations.
History of the case
Several years later, dozens of women came forward to say Cosby drugged and sexually assaulted them while he was a powerful figure in the entertainment industry. But, Constand’s was the only case that occurred within the statute of limitations.
A new team of prosecutors took up the case, and relying on Constand’s and Cosby’s statements in a civil deposition, arrested him in December 2015.
The 83-year old actor is now serving his sentence at SCI Phoenix, a state prison near Collegeville, Pennsylvania, for three convictions of aggravated indecent assault. He has also been designated a sexually violent predator in Pennsylvania.
CNN’s Steve Forrest and Eric Levenson contributed to this report.