§ 10-9.1-6 - Pleadings and judgment on pleadings.
SECTION 10-9.1-6
§ 10-9.1-6 Pleadings and judgment onpleadings. – (a) Within twenty (20) days after receiving notice of the docketing of theapplication, or within any further time the court may fix, the attorney generalshall respond by answer or by motion which may be supported by affidavits. Atany time prior to entry of judgment the court may grant leave to withdraw theapplication. The court may make appropriate orders for amendment of theapplication or any pleading or motion, for pleading over, for filing furtherpleadings or motions, or for extending the time of the filing of any pleading.In considering the application the court shall take account of substanceregardless of defects of form. If the application is not accompanied by therecord of the proceedings challenged therein, the attorney general shall filewith his or her answer the record or portions thereof that are material to thequestions raised in the application.
(b) When a court is satisfied, on the basis of theapplication, the answer or motion, and the record, that the applicant is notentitled to post conviction relief and no purpose would be served by anyfurther proceedings, it may indicate to the parties its intention to dismissthe application and its reasons for so doing. The applicant shall be given anopportunity to reply to the proposed dismissal. In light of the reply, or ondefault thereof, the court may order the application dismissed or grant leaveto file an amended application or direct that the proceedings otherwisecontinue. Disposition on the pleadings and record is not proper if there existsa genuine issue of material fact.
(c) The court may grant a motion by either party for summarydisposition of the application when it appears from the pleadings, depositions,answers to interrogatories, and admissions and agreements of fact, togetherwith any affidavits submitted, that there is no genuine issue of material factand the moving party is entitled to judgment as a matter of law.