§ 37-1-315 — Withdrawal or amendment of petition - Technical defects not grounds for dismissal without opportunity to amend

Tennessee § 37-1-315

• Jurisdiction: Tennessee
• Title: 37

Text

(a) The court may grant leave to withdraw the petition at any time prior to the entry of the judgment, may freely allow amendments, and shall require amendments needed to achieve substantial justice and a full and fair hearing of all available grounds for relief. The district attorney general shall be allowed a reasonable time to respond to any amendments. (b) The court shall look to the substance rather than the form of the petition, and no petition shall be dismissed for technical defects, incompleteness or lack of clarity until after the petitioner has had reasonable opportunity, with aid of counsel, to file amendments.

Legislative History

Acts 1978, ch. 750, § 15; T.C.A., § 37-1715.