822.6 Determination of relief. 1. Within thirty 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 supportedby affidavits. At any time prior to entry of judgment the court may grant leave to withdrawthe application. The court may make appropriate orders for amendment of the applicationor any pleading or motion, for pleading over, for filing further pleadings or motions, or forextending the time of the filing of any pleading. In considering the application the court shalltake account of substance regardless of defects of form. 2. 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 postconviction relief and no purpose would beserved by any further proceedings, the court may indicate to the parties its intention to dismissthe application and the reasons for dismissal. The applicant shall be given an opportunity toreply to the proposed dismissal. In light of the reply, or on default thereof, the court mayorder the application dismissed or grant leave to file an amended application or direct thatthe portunity toreply to the proposed dismissal. In light of the reply, or on default thereof, the court mayorder the application dismissed or grant leave to file an amended application or direct thatthe proceedings otherwise continue. Disposition on the pleadings and record is not proper ifa material issue of fact exists. 3. 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, andadmissions and agreements of fact, together with any affidavits submitted, that there is nogenuine issue of material fact and the moving party is entitled to judgment as a matter of law. [C71, 73, 75, 77, 79, 81, §663A.6]C93, §822.62018 Acts, ch 1041, §127; 2019 Acts, ch 24, §95; 2019 Acts, ch 45, §1; 2019 Acts, ch 140, §36 Sat Dec 23 12:36:01 2023 Iowa Code 2024, Section 822.6 (21, 0)
Iowa Legal Code