§ 10-9.1-7 - Procedure – Evidence – Order.
SECTION 10-9.1-7
§ 10-9.1-7 Procedure – Evidence– Order. – A record of the proceedings shall be made and preserved. All rules and statutesapplicable in civil proceedings shall apply except that pretrial discoveryproceedings shall be available only upon order of the court. The court mayreceive proof by affidavits, depositions, oral testimony, or other evidence andmay, if deemed appropriate, order the applicant be brought before it for thehearing. If the court finds in favor of the applicant, it shall enter anappropriate order with respect to the conviction or sentence in the formerproceedings, and any supplementary orders as to rearraignment, retrial,custody, bail, discharge, correction of sentence, or other matters that may benecessary and proper. The court shall make specific findings of fact, and stateexpressly its conclusions of law, relating to each issue presented. This orderis a final judgment.