# Tenn. Code Ann. § 40-30-109: Prehearing procedure

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-109

## Section

- **Citation:** Tenn. Code Ann. § 40-30-109
- **Heading:** Prehearing procedure
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 40 / Chapter 30 / Section 40-30-109

## Text

(a) The court shall review the case after the district attorney general's response is filed. If, on reviewing the petition, the response, files, and records, the court determines conclusively that the petitioner is entitled to no relief, the court shall dismiss the petition. The order of dismissal shall set forth the court's conclusions of law. If the court does not dismiss the petition, the court shall enter an order setting an evidentiary hearing. The order of dismissal or the order setting an evidentiary hearing shall be entered no later than thirty (30) days after the filing of the state's response. The evidentiary hearing shall be within four (4) calendar months of the entry of the court's order. The deadline shall not be extended by agreement, and the deadline may be extended only by order of the court based upon a finding that unforeseeable circumstances render a continuance a manifest necessity. An extension shall not exceed sixty (60) days. (b) Discovery is not available in a proceeding under this section except as provided under Rule 16 of the Tennessee Rules of Criminal Procedure. (c) The petitioner may withdraw a petition at any time prior to the hearing without prejudice to any rights to refile, but the withdrawn petition shall not toll the statute of limitations set forth in § 40-30-102 . Acts 1995, ch. 207, § 1; T.C.A. § 40-30-209 .
(a) The court shall review the case after the district attorney general's response is filed. If, on reviewing the petition, the response, files, and records, the court determines conclusively that the petitioner is entitled to no relief, the court shall dismiss the petition. The order of dismissal shall set forth the court's conclusions of law. If the court does not dismiss the petition, the court shall enter an order setting an evidentiary hearing. The order of dismissal or the order setting an evidentiary hearing shall be entered no later than thirty (30) days after the filing of the state's response. The evidentiary hearing shall be within four (4) calendar months of the entry of the court's order. The deadline shall not be extended by agreement, and the deadline may be extended only by order of the court based upon a finding that unforeseeable circumstances render a continuance a manifest necessity. An extension shall not exceed sixty (60) days.
(b) Discovery is not available in a proceeding under this section except as provided under Rule 16 of the Tennessee Rules of Criminal Procedure.
(c) The petitioner may withdraw a petition at any time prior to the hearing without prejudice to any rights to refile, but the withdrawn petition shall not toll the statute of limitations set forth in § 40-30-102 .
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-209 .

## 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)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C30_S40-30-109. Check the current official text before relying on it. Not legal advice.