13-4236. Additional pleadings; summary
disposition; amendments
A. Forty-five days after the filing of the petition, the state shall file with the
court a response. Affidavits, the record and other evidence that are available to the
state and that contradict the allegations of the petition shall be attached to the
response. On a showing of good cause, the state may be granted a thirty day extension in
which to file a response. Additional extensions shall be granted only in extraordinary
circumstances.
B. Within fifteen days after receipt of the response, the defendant may file a
reply. Extensions shall be granted only in extraordinary circumstances.
C. The court shall review the petition within twenty days after the defendant's
reply is due. On reviewing the petition, response, reply, files and records, and
disregarding defects of form, the court shall identify all procedurally precluded claims
under this article. If after identifying all precluded claims the court determines that
no material issue of fact or law exists which would entitle the defendant to relief under
this article and that no purpose would be served by any further proceedings, the court
shall order the petition dismissed. If the court does not order the petition dismissed,
the court shall set a hearing within thirty days on those claims that present a material
issue of fact or law. If a hearing is ordered, the state shall notify the victim on
request of the time and place of the hearing.
D. After the filing of a post-conviction relief petition, amendments are not
permitted except by leave of the court on a showing of extraordinary circumstances.
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