§ 16-115-104 - Hearings -- Necessity -- Time.
16-115-104. Hearings -- Necessity -- Time.
(a) It shall be within the discretion of the judge having jurisdiction, within forty-five (45) days from the date of application, to determine from the petition, and the records and files of the case, whether an evidentiary hearing is warranted.
(b) In the event a hearing is deemed necessary, the judge shall fix and announce a day of court to be held within forty-five (45) days from the date of application.