Tennessee § 40-30-109 - Prehearing procedure.
Full text of Tennessee Tennessee Code Annotated § 40-30-109 — Prehearing procedure., with citation guidance and answers to common questions.
§ 40-30-109. Prehearing procedure.
The court shall review the case after the district attorney general's response is filed. If, on reviewing the petition, the response, files, and records, the court determines conclusively that the petitioner is entitled to no relief, the court shall dismiss the petition. The order of dismissal shall set forth the court's conclusions of law. If the court does not dismiss the petition, the court shall enter an order setting an evidentiary hearing. The order of dismissal or the order setting an evidentiary hearing shall be entered no later than thirty (30) days after the filing of the state's response. The evidentiary hearing shall be within four (4) calendar months of the entry of the court's order. The deadline shall not be extended by agreement, and the deadline may be extended only by order of the court based upon a finding that unforeseeable circumstances render a continuance a manifest necessity. An extension shall not exceed sixty (60) days. Discovery is not available in a proceeding under this section except as provided under Rule 16 of the Tennessee Rules of Criminal Procedure. The petitioner may withdraw a petition at any time prior to the hearing without prejudice to any rights to refile, but the withdrawn petition shall not toll the statute of limitations set forth in § 40-30-102. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-209 . Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 39. Law Reviews. Adjudicating Claims of Innocence for the Capitally Condemned in Tennessee: Embracing a Truth Forum (Dwight Aarons), 76 Tenn. L. Rev. 511 (2009). Post-Conviction Relief in Tennessee — Fourteen Years of Judicial Administration Under the Post-Conviction Procedure Act (Gary L. Anderson), 48 Tenn. L. Rev. 605 (1981).
Frequently Asked Questions About Tennessee § 40-30-109
What does Tennessee Code Annotated § 40-30-109 cover?
Section 40-30-109 ("Prehearing procedure.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 40-30-109?
A common citation format is "Tennessee Code Annotated § 40-30-109" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 40-30-109 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.