Section 31.15 Amended Pleadings

LibraryCriminal Practice 2012 Supp

4. (§31.15) Amended Pleadings

Rules 29.15 and 24.035 have provisions regarding amendments to the post-conviction motion. If a movant files a motion pro se, counsel will be appointed for the movant. Rules 29.15(e), 24.035(e). The appointed attorney must ascertain whether sufficient facts supporting the enumerated grounds are asserted in the motion and whether the movant has included all grounds known to the movant as a basis for attacking the judgment and sentence. Rules 29.15(e), 24.035(e). If the pro se motion does not assert sufficient facts or include all grounds, the appointed counsel shall file an amended motion. Rules 29.15(e), 24.035(3). If counsel determines that the amended motion is not required, counsel must file a statement with the circuit court setting out facts demonstrating what actions were taken to ensure that “(1) all facts supporting the claims are asserted in the pro se motion and (2) all claims known to the movant are alleged in the pro se motion.” Rules 29.15(e), 24.035(e). This statement
must be presented to the movant before filing. Rules 29.15(e), 24.035(e). The movant is entitled to file a reply to counsel’s statement within ten days after the statement is filed in court. Rules 29.15(e), 24.035(e).

An amended motion must be signed by the movant or counsel. Rules 24.035(g), 29.15(g). The Rules prohibit the incorporation by reference of any material contained in previously filed motions. Rules 24.035(g), 29.15(g).

The time for filing an amended post-conviction motion, in cases when no direct appeal is taken, is within 60 days of the earlier of:

(1) the date both a complete transcript consisting of the guilty plea and sentencing hearing has been filed in the...

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