2019 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 7 - Particular Proceedings and Remedies
Chapter 112 - Habeas Corpus
Subchapter 2 - New Scientific Evidence
§ 16-112-203. Contents of Motion

Universal Citation: AR Code § 16-112-203 (2019)
  • (a) The petition filed under this subchapter shall be entitled in the name of the petitioner versus the State of Arkansas and shall contain:

    • (1)

      • (A) A statement of the facts and the grounds upon which the petition is based and relief desired.

      • (B) All grounds for relief shall be stated in the petition or any amendment to the petition, unless the grounds could not reasonably have been set forth in the petition.

      • (C) The petition may contain argument or citation of authorities;

    • (2) An identification of the proceedings in which the petitioner was convicted, including the date of the entry of conviction and sentence or other disposition complained of;

    • (3) An identification of any previous proceeding, together with the grounds asserted in the previous proceeding, which sought to secure relief for the petitioner from the conviction and sentence or other disposition; and

    • (4)

      • (A) The name and address of any attorney representing the petitioner.

      • (B) If the petitioner is without counsel, the circuit clerk shall immediately transmit a copy of the petition to the judge and shall advise the petitioner of that referral.

  • (b) The filing of the petition and any related documents and any proceedings pursuant to the petition shall be without any costs or fees charged to the petitioner.

  • (c) The petition shall be:

    • (1) Verified by the petitioner or signed by the petitioner's attorney; and

    • (2) Addressed to the court in which the conviction was entered.

  • (d) The circuit clerk shall deliver a copy of the petition to the prosecuting attorney and to the Attorney General.

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