RULE 4-406. HEARING
West's Annotated Code of MarylandMaryland Rules
MD Rules, Rule 4-406
RULE 4-406. HEARING
(a) When Required. A hearing shall be held promptly on a petition under the Uniform Post Conviction Procedure Act unless the parties stipulate that the facts stated in the petition are true and that the facts and applicable law justify the granting of relief. If a defendant requests that the court reopen a post conviction proceeding that was previously concluded, the court shall determine whether a hearing will be held, but it may not reopen the proceeding or grant the relief requested without a hearing unless the parties stipulate that the facts stated in the petition are true and that the facts and applicable law justify the granting of relief.
(c) Evidence. Evidence may be presented by affidavit, deposition, oral testimony, or in any other form as the court finds convenient and just. In the interest of justice, the court may decline to require strict application of the rules in Title 5, except those relating to the competency of witnesses.
Cross reference: For procedures concerning DNA testing and preservation of DNA evidence in post conviction cases, see Code, Criminal Procedure Article, § 8-201.
Cross reference: For post conviction procedure, right to counsel and hearing, see Code, Criminal Procedure Article, §§ 7-101--7-108; victim notification, Criminal Procedure Article, §§ 7-105, 11-102, 11-104, and 11-503. For right of a victim or victim's representative to address the court, see Code, Criminal Procedure Article, § 11-403.
Source: This Rule is derived as follows:
Section (a) is new.
Section (b) is derived from former Rule BK44 c.
Section (c) is derived from former Rule BK44 d.
Section (d) is derived from former Rule BK44 e.
[Adopted April 6, 1984, eff. July 1, 1984. Amended Dec. 15, 1993, eff. July 1, 1994; Nov. 21, 1995, eff. Dec. 1, 1995; Oct. 5, 1999; Jan. 8, 2002, eff. Feb. 1, 2002; Nov. 8, 2005, eff. Jan. 1, 2006; Sept. 10, 2009, eff. Oct. 1, 2009; Dec. 7, 2015, eff. Jan. 1, 2016.]
MD Rules, Rule 4-406, MD R CR Rule 4-406
Current with amendments received through June 1, 2023. Some sections may be more current, see credits for details.
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