{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-1083","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-1083","heading":"Response by state - Disposition of application","body":"A. Within thirty (30) days after the docketing of the\n\napplication, or within any further time the court may fix, the state\n\nshall respond by answer or by motion which may be supported by\n\naffidavits. When an applicant asserts a claim of ineffective\n\nassistance of counsel, the state shall have ninety (90) days after\n\nthe docketing of the application to respond by answer or by motion.\n\nIn considering the application, the court shall take account of\n\nsubstance, regardless of defects of form. If the application is not\n\naccompanied by the record of the proceedings challenged therein, the\n\nrespondent shall file with its answer the record or portions thereof\n\nthat are material to the questions raised in the application; or\n\nsuch records may be ordered by the court. The court may also allow\n\ndepositions and affidavits for good cause shown.\n\nB. When a court is satisfied, on the basis of the application,\n\nthe answer or motion of respondent, and the record, that the\n\napplicant is not entitled to post-conviction relief and no purpose\n\nwould be served by any further proceedings, it may order the\n\napplication dismissed or grant leave to file an amended application.\n\nDisposition on the pleadings and record is not proper if there\n\nexists a material issue of fact. The judge assigned to the case\n\nshould not dispose of it on the basis of information within his\n\npersonal knowledge not made a part of the record.\n\nC. The court may grant a motion by either party for summary\n\ndisposition of the application when it appears from the response and\n\npleadings that there is no genuine issue of material fact and the\n\nmoving party is entitled to judgment as a matter of law. An order\n\ndisposing of an application without a hearing shall state the\n\ncourt's findings and conclusions regarding the issues presented.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f20ee374d735dd5a1532d81bf3d7c209b46111c42fc81fbc3dcbae0bcb550bed","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-1082","next":"us-ok/okla.-stat.-tit.-22-22-1084"},"notice":"GroundRules: Original legal text. Not legal advice."}