US Laws, Codes, Statutes & Cases

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 49
                           UNIFORM POST-CONVICTION
                                PROCEDURE ACT
    19-4906.  PLEADINGS AND JUDGMENT ON PLEADINGS. (a) Within 30 days after
the docketing of the application, or within any further time the court may
fix, the state shall respond by answer or by motion which may be supported by
affidavits. At any time prior to entry of judgment the court may grant leave
to withdraw the application. The court may make appropriate orders for
amendment of the application or any pleading or motion, for filing further
pleadings or motions, or for extending the time of the filing of any pleading.
In considering the application the court shall take account of substance
regardless of defects of form. If the application is not accompanied by the
record of the proceedings challenged therein, the respondent shall file with
its answer the record or portions thereof that are material to the questions
raised in the application.
    (b)  When a court is satisfied, on the basis of the application, the
answer or motion, and the record, that the applicant is not entitled to
post-conviction relief and no purpose would be served by any further
proceedings, it may indicate to the parties its intention to dismiss the
application and its reasons for so doing. The applicant shall be given an
opportunity to reply within 20 days to the proposed dismissal. In light of the
reply, or on default thereof, the court may order the application dismissed or
grant leave to file an amended application or, direct that the proceedings
otherwise continue. Disposition on the pleadings and record is not proper if
there exists a material issue of fact.
    (c)  The court may grant a motion by either party for summary disposition
of the application when it appears from the pleadings, depositions, answers to
interrogatories, and admissions and agreements of fact, together with any
affidavits submitted, that there is no genuine issue of material fact and the
moving party is entitled to judgment as a matter of law.