As Amended
SEC. 99-39-11. Judicial examination of original motion; dismissal; filing answer.
(1) The original motion, together with all the files, records, transcripts and correspondence relating to the judgment under attack, shall be examined promptly by the judge to whom it is assigned.
(2) If it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the case that the movant is not entitled to any relief, the judge may make an order for its dismissal and cause the prisoner to be notified.
(3) If the motion is not dismissed under subsection (2) of this section, the judge shall order the state to file an answer or other pleading within the period of time fixed by the court or to take such other action as the judge deems appropriate.
(4) This section shall not be applicable where an application for leave to proceed is granted by the Supreme Court under Section 99-39-27.
(5) Proceedings under this section shall be subject to the provisions of Section 99-19-42.
SOURCES: Laws, 1984, ch. 378, Sec. 6, eff from and after passage (approved April 17, 1984) Laws, 1995, ch. 566, Sec. 4, eff from and after July 1, 1995