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ND HB1087

Bill

Status

Passed

3/16/2023

Primary Sponsor

Judiciary

Click for details

Origin

House of Representatives

68th Legislative Assembly

AI Summary

  • Amends North Dakota Century Code section 29-32.1-09 to allow courts to dismiss meritless applications, second or successive applications for similar relief, and applications where issues were previously decided by the appellate court before any state response is required.

  • Permits courts to dismiss any grounds alleging ineffective assistance of postconviction counsel and prohibits applicants from claiming constitutionally ineffective assistance of postconviction counsel in proceedings under chapter 29-32.1.

  • Allows either party to move for summary disposition if the application, pleadings, discovery, or record shows no genuine issues of material fact exist and the moving party is entitled to judgment as a matter of law.

  • Authorizes courts to determine which issues of material fact are in controversy and restrict evidentiary hearings appropriately when necessary.

  • Creates a new section in chapter 29-32.1 establishing summary disposition procedures with language identical to the amended section regarding summary disposition motions and evidentiary hearing restrictions.

Legislative Description

Summary disposition and dismissal.

Last Action

Filed with Secretary Of State 03/15

3/23/2023

Committee Referrals

Judiciary2/13/2023
Judiciary1/3/2023

Full Bill Text

No bill text available