Title 29 — Judicial Procedure, Criminal

1. A person who has been convicted of and sentenced for a crime may institute a proceeding applying for relief under this chapter upon the ground that: a. The conviction was obtained or the sentence was imposed in violation of the laws or the Constitution of the United States or …

A court in which original jurisdiction in habeas corpus is vested may entertain a habeas corpus proceeding under chapter 32-22 or this chapter. This chapter, to the extent appropriate, governs the proceeding.

1. A proceeding is commenced by filing an application with the clerk of the court in which the conviction and sentence took place. The state must be named as respondent. No filing fee is required. 2. An application may be filed at any time. 3. If an application is filed before th…

1. The application must identify the proceedings in which the applicant was convicted and sentenced, give the date of the judgment and sentence complained of, set forth a concise statement of each ground for relief, and specify the relief requested. Argument, citations, and discu…

1. Within thirty days after the docketing of an application or within any further time the court may allow, the state shall respond by answer or motion. 2. The state may move to dismiss an application on the ground that it is evident from the application that the applicant is not…

1. The court may make appropriate orders allowing amendment of the application or any pleading or motion, allowing further pleadings or motions, or extending the time for filing any pleading. 2. At any time before the entry of judgment, the court, for good cause, may grant leave …

The court, for good cause, may grant leave to either party to use the discovery procedures available in criminal or civil proceedings. Discovery procedures may be used only to the extent and in the manner the court has ordered or to which the parties have agreed.

1. The court, on its own motion, may enter a judgment denying a meritless application on any and all issues raised in the application before any response by the state. The court also may summarily deny a second or successive application for similar relief on behalf of the same ap…

1. The court may grant a motion by either party for summary disposition if the application, pleadings, any previous proceeding, discovery, or other matters of record show that no genuine issues exist as to any material fact and the moving party is entitled to judgment as a matter…

1. Evidence must be presented in open court, recorded, and preserved as part of the record of the proceedings. 2. A certified record of previous proceedings may be used as evidence of facts and occurrences established therein, but use of that record does not preclude either party…

1. The court shall make explicit findings on material questions of fact and state expressly its conclusions of law relating to each issue presented. 2. If the court rules that the applicant is not entitled to relief, its order must indicate whether the decision is based upon the …

1. An application for postconviction relief may be denied on the ground that the same claim or claims were fully and finally determined in a previous proceeding. 2. A court may deny relief on the ground of misuse of process. Process is misused when the applicant: a. Presents a cl…

If an application is denied, the state may move for an order requiring the applicant to reimburse the state for costs and for litigation expenses paid for the applicant from public funds. The court may grant the motion if it finds that the applicant's claim is so completely lacki…

A final judgment entered under this chapter may be reviewed by the supreme court of this state upon appeal as provided by rule of the supreme court.

1. Without limitation on a court's authority to order discovery under section 29-32.1-08, a person convicted of a crime may make a motion for the performance of forensic DNA testing to demonstrate the person's actual innocence if: a. The testing is to be performed on evidence sec…