Browse Arkansas Code titles and sections
16-112-205. Hearing.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-112-205. Hearing.
(a) Unless the petition and the files and records of the proceeding conclusively show that the petitioner is entitled to no relief, the court shall promptly set an early hearing on the petition and response, promptly determine the issues, make findings of fact and conclusions of law, and either deny the petition or enter an order granting the appropriate relief.
(b) Hearings on a petition filed pursuant to this subchapter shall be open and shall be held in the court in which the conviction was entered.
(c)(1) The court may order the petitioner to be present at the hearing.
(2) If the petitioner is represented by an attorney, the attorney shall be present at any hearing.
(3) A verbatim record of any hearing shall be made and kept.
(4) Unless otherwise ordered by the court, the petitioner shall bear the burden of proving the facts alleged in the petition by a preponderance of the evidence.
(5) The court may receive evidence in the form of affidavit, deposition, or oral testimony.
(d) The court may summarily deny a second or successive petition for similar relief on behalf of the same petitioner and may summarily deny a petition if the issues raised in it have previously been decided by the Court of Appeals or the Supreme Court in the same case.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-112-205
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:16-112-205
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b8658a53ac89eec92ea4febeabfbd193f2eaa1bfa49a1cd1a7db75ce87152f85
Source location: content.xml paragraph 45997
Stored source content
16-112-205. Hearing.
(a) Unless the petition and the files and records of the proceeding conclusively show that the petitioner is entitled to no relief, the court shall promptly set an early hearing on the petition and response, promptly determine the issues, make findings of fact and conclusions of law, and either deny the petition or enter an order granting the appropriate relief.
(b) Hearings on a petition filed pursuant to this subchapter shall be open and shall be held in the court in which the conviction was entered.
(c)(1) The court may order the petitioner to be present at the hearing.
(2) If the petitioner is represented by an attorney, the attorney shall be present at any hearing.
(3) A verbatim record of any hearing shall be made and kept.
(4) Unless otherwise ordered by the court, the petitioner shall bear the burden of proving the facts alleged in the petition by a preponderance of the evidence.
(5) The court may receive evidence in the form of affidavit, deposition, or oral testimony.
(d) The court may summarily deny a second or successive petition for similar relief on behalf of the same petitioner and may summarily deny a petition if the issues raised in it have previously been decided by the Court of Appeals or the Supreme Court in the same case.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
No explicit source connection was found. This does not mean there are no relevant authorities.