§ 10-9.1-6. Pleadings and judgment on pleadings.
(a) Within twenty (20) days after receiving notice of the docketing of the application,
or within any further time the court may fix, the attorney general 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
pleading over, 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
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§ 10-9.1-6. Pleadings and judgment on pleadings.
(a) Within twenty (20) days after receiving notice of the docketing of the application,
or within any further time the court may fix, the attorney general 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
pleading over, 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 attorney general shall file
with his or her 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 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 genuine issue
of material 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.