Section 10.19 Hearing on the Motion

• Library: App Ct Prac 2015 Supp

4. (§10.19) Hearing on the Motion

If the court determines that the motion, along with the files and records of the case, conclusively show that the movant is not entitled to relief, no hearing must be held, and the court issues findings of fact and conclusions of law. Rule 29.15(h). Otherwise, a hearing must be held. No specific request for hearing is required.

The movant does not need to be present, and the court may order that the movant’s testimony be received by deposition. Rule 29.15(i). To secure the movant’s presence, counsel should seek the issuance of a writ of habeas corpus ad testificandum for the movant’s production. Section 491.230, RSMo 2000, provides that, in civil cases, a writ can be issued for a prisoner only if the prisoner is a party to the action and the court finds that the prisoner will be...