# Tenn. Code Ann. § 40-30-108: Answer or response > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-108 ## Section - **Citation:** Tenn. Code Ann. § 40-30-108 - **Heading:** Answer or response - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 40 / Chapter 30 / Section 40-30-108 ## Text (a) The district attorney general shall represent the state except as provided in § 40-30-114(c) . The state shall file an answer or other responsive pleading within thirty (30) days, unless extended for good cause. Good cause will not be met by a routine statement that the press of other business prevents a response within the thirty-day period. Failure by the state to timely respond does not entitle the petitioner to relief under this part. (b) If the petition does not include the records or transcripts, or parts of records or transcripts that are material to the questions raised therein, the district attorney general is empowered to obtain them at the expense of the state and may file them with the responsive pleading or within a reasonable time thereafter. (c) The district attorney general has the option to assert by motion to dismiss that: (1) The petition is barred by the statute of limitations; (2) The petition was not filed in the court of conviction; (3) The petition asserts a claim for relief from judgments entered in separate trials or proceedings; (4) A direct appeal or post-conviction petition attacking the same conviction is currently pending in the trial or appellate courts; (5) The facts alleged fail to show that the petitioner is entitled to relief; or (6) The facts alleged fail to establish that the claims for relief have not been waived or previously determined. (d) The answer shall respond to each of the allegations of the petition and shall assert the affirmative defenses the district attorney general deems appropriate. Amended by 2023 Tenn. Acts, ch. 182, s 3, eff. 4/28/2023. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-208 . (a) The district attorney general shall represent the state except as provided in § 40-30-114(c) . The state shall file an answer or other responsive pleading within thirty (30) days, unless extended for good cause. Good cause will not be met by a routine statement that the press of other business prevents a response within the thirty-day period. Failure by the state to timely respond does not entitle the petitioner to relief under this part. (b) If the petition does not include the records or transcripts, or parts of records or transcripts that are material to the questions raised therein, the district attorney general is empowered to obtain them at the expense of the state and may file them with the responsive pleading or within a reasonable time thereafter. (c) The district attorney general has the option to assert by motion to dismiss that: (1) The petition is barred by the statute of limitations; (2) The petition was not filed in the court of conviction; (3) The petition asserts a claim for relief from judgments entered in separate trials or proceedings; (4) A direct appeal or post-conviction petition attacking the same conviction is currently pending in the trial or appellate courts; (5) The facts alleged fail to show that the petitioner is entitled to relief; or (6) The facts alleged fail to establish that the claims for relief have not been waived or previously determined. (1) The petition is barred by the statute of limitations; (2) The petition was not filed in the court of conviction; (3) The petition asserts a claim for relief from judgments entered in separate trials or proceedings; (4) A direct appeal or post-conviction petition attacking the same conviction is currently pending in the trial or appellate courts; (5) The facts alleged fail to show that the petitioner is entitled to relief; or (6) The facts alleged fail to establish that the claims for relief have not been waived or previously determined. (d) The answer shall respond to each of the allegations of the petition and shall assert the affirmative defenses the district attorney general deems appropriate. Amended by 2023 Tenn. Acts, ch. 182, s 3, eff. 4/28/2023. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-208 . ## Nearby sections - [Tenn. Code Ann. § 40-30-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-101.md) - [Tenn. Code Ann. § 40-30-102 When prisoners may petition for post-conviction relief](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-102.md) - [Tenn. Code Ann. § 40-30-103 Grounds for relief](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-103.md) - [Tenn. Code Ann. § 40-30-104 Petition](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-104.md) - [Tenn. Code Ann. § 40-30-105 Processing of petitions - Designation of judge](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-105.md) - [Tenn. Code Ann. § 40-30-106 Preliminary consideration](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-106.md) - [Tenn. Code Ann. § 40-30-107 Preliminary order](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-107.md) - [Tenn. Code Ann. § 40-30-108 Answer or response](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-108.md) - [Tenn. Code Ann. § 40-30-109 Prehearing procedure](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-109.md) - [Tenn. Code Ann. § 40-30-110 Hearing](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-110.md) - [Tenn. Code Ann. § 40-30-111 Final disposition of petitions - Compliance reports](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-111.md) - [Tenn. Code Ann. § 40-30-112 Notice of final judgments by clerk of court](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-112.md) - [Tenn. Code Ann. § 40-30-113 Petitioner unconstitutionally denied appeal - Procedure](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-113.md) - [Tenn. Code Ann. § 40-30-114 Reimbursement of expenses of district attorney general - Duty of attorney general and reporter](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-108. Check the current official text before relying on it. Not legal advice.