Oklahoma § 22-1083 - Response by state - Disposition of application

§ 22-1083. Response by state - Disposition of application

A. Within thirty (30) days after the docketing of the

application, or within any further time the court may fix, the state

shall respond by answer or by motion which may be supported by

affidavits. When an applicant asserts a claim of ineffective

assistance of counsel, the state shall have ninety (90) days after

the docketing of the application to respond by answer or by motion.

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

respondent shall file with its answer the record or portions thereof

that are material to the questions raised in the application; or

such records may be ordered by the court. The court may also allow

depositions and affidavits for good cause shown.

B. When a court is satisfied, on the basis of the application,

the answer or motion of respondent, 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 order the

application dismissed or grant leave to file an amended application.

Disposition on the pleadings and record is not proper if there

exists a material issue of fact. The judge assigned to the case

should not dispose of it on the basis of information within his

personal knowledge not made a part of the record.

C. The court may grant a motion by either party for summary

disposition of the application when it appears from the response and

pleadings that there is no genuine issue of material fact and the

moving party is entitled to judgment as a matter of law. An order

disposing of an application without a hearing shall state the

court's findings and conclusions regarding the issues presented.

Added by Laws 1970, c. 220, § 4, eff. July 1, 1970. Amended by Laws

2014, c. 216, § 1, eff. Nov. 1, 2014.