822.7 Court to hear application. The application shall be heard in, and before any judge of the court in which the conviction or sentence took place. However, if the applicant is seeking relief under section 822.2,subsection 1, paragraph 'f', the application shall be heard in, and before any judge of thecourt of the county in which the applicant is being confined. A record of the proceedingsshall be made and preserved. All rules and statutes applicable in civil proceedings includingpretrial and discovery procedures are available to the parties. The court may receive proofof affidavits, depositions, oral testimony, or other evidence, and may order the applicantbrought before it for the hearing. If the court finds in favor of the applicant, it shall enter anappropriate order with respect to the conviction or sentence in the former proceedings, andany supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction ofsentence, or other matters that may be necessary and proper. The court shall make specificfindings of fact, and state expressly its conclusions of law, relating to each issue presented.This order is a final judgment. r matters that may be necessary and proper. The court shall make specificfindings of fact, and state expressly its conclusions of law, relating to each issue presented.This order is a final judgment. [C71, 73, 75, 77, 79, 81, §663A.7; 81 Acts, ch 198, §3]C93, §822.72006 Acts, ch 1010, §165 Sat Dec 23 12:36:03 2023 Iowa Code 2024, Section 822.7 (16, 0)
Iowa Legal Code