Idaho Code § 19-4906
Pleadings and judgment on pleadings.
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Pleadings and judgment on pleadings.
(a) Within 30 days after the docketing of the application, or within any further time the court may fix, the state shall respond by answer or by motion which may be supported by affidavits. At any time prior to entry of judgment the court may grant leave to withdraw the application. The court may make appropriate orders for amendment of the application or any pleading or motion, for filing further pleadings or motions, or for extending the time of the filing of any pleading. In considering the application the court shall take account of substance regardless of defects of form. If the application is not accompanied by the record of the proceedings challenged therein, the respondent shall file with its answer the record or portions thereof that are material to the questions raised in the application.
(b) When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may indicate to the parties its intention to dismiss the application and its reasons for so doing. The applicant shall be given an opportunity to reply within 20 days to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed or grant leave to file an amended application or, direct that the proceedings otherwise continue. Disposition on the pleadings and record is not proper if there exists a material issue of fact.
(c) The court may grant a motion by either party for summary disposition of the application when it appears from the pleadings, depositions, answers to interrogatories, and admissions and agreements of fact, together with any affidavits submitted, that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
Notes of Decisions
Cited in 645
cases (98 in the last 5 years), 1968–2026 · leading case: DeRushé v. State
DeRushé v. State (2009)
“Did the State’s Motion for Summary Disposition State with Particularity the Grounds of the Motion? Idaho Code § 19-4906 (e) permits either party in a post-conviction relief proceeding to file a motion for summary disposition of the application.”
Workman v. State (2007)
“Idaho Code § 19-4906 permits a court to rule summarily on applications for post-conviction relief.”
Baruth v. Gardner (1986)
“(c) The court may grant a motion by either party for summary disposition of the application when it appears from the pleadings, depositions, answers to interrogatories, and admissions and agreements of fact, together with any affidavits submitted, that there is no genuine issue…”
Ivey v. State (1992)
“Idaho Code § 19-4906 (c) governs the situation in which summary disposition of a petition for post-conviction relief is appropriate.”
Garza v. State (2003)
“Section 19-4906(b) states: When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may indicate to the parties its…”
Kelly v. State (2010)
“Idaho Code § 19-4906 (b) provides: When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may indicate to the…”
Gonzales v. State (2011)
“Idaho Code Section 19-4906 authorizes summary dismissal of an application for post-conviction relief, either pursuant to motion of a party or upon the court's own initiative.”
Saykhamchone v. State (1995)
“” I.C. § 19-4906. Courts reviewing applications for post-conviction relief should have pertinent portions of the trial record ready for review.”
Marsalis v. State (2020)
“Idaho Code section 19-4906 authorizes summary dismissal of a petition for post- conviction relief, “either pursuant to motion of a party or upon the trial court’s own initiative.”
Buss v. State (2009)
“Idaho Code Section 19-4906 authorizes summary disposition of an application for post-conviction relief, either pursuant to motion of a party or upon the court's own initiative.”
Goodwin v. State (2002)
“Like a plaintiff in a civil action, the applicant must prove by a preponderance of evidence the allegations upon which the request for post-conviction relief is based. I.C. § 19-4907; Russell v.”
Matthews v. State (1992)
“§ 19-4906(b), which reads: When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may indicate to the parties its…”
— Idaho Code § 19-4906(B) — 1 case
Lee v. State (1992)
— Idaho Code § 19-4906(a) — 23 cases
Fetterly v. State (1991)
Abbott v. State (1996)
Sayas v. State (2003)
Rodriquez v. State (2023)
Saykhamchone v. State (1995)
“” I.C. § 19-4906. Courts reviewing applications for post-conviction relief should have pertinent portions of the trial record ready for review.”
— Idaho Code § 19-4906(b) — 172 cases
Matthews v. State (1992)
“§ 19-4906(b), which reads: When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may indicate to the parties its…”
Garza v. State (2003)
“Section 19-4906(b) states: When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may indicate to the parties its…”
Workman v. State (2007)
“Idaho Code § 19-4906 permits a court to rule summarily on applications for post-conviction relief.”
Marsalis v. State (2020)
“Idaho Code section 19-4906 authorizes summary dismissal of a petition for post- conviction relief, “either pursuant to motion of a party or upon the trial court’s own initiative.”
Buss v. State (2009)
“Idaho Code Section 19-4906 authorizes summary disposition of an application for post-conviction relief, either pursuant to motion of a party or upon the court's own initiative.”
— Idaho Code § 19-4906(c) — 184 cases
Workman v. State (2007)
“Idaho Code § 19-4906 permits a court to rule summarily on applications for post-conviction relief.”
Ivey v. State (1992)
“Idaho Code § 19-4906 (c) governs the situation in which summary disposition of a petition for post-conviction relief is appropriate.”
Kelly v. State (2010)
“Idaho Code § 19-4906 (b) provides: When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may indicate to the…”
Roman v. State (1994)
McKay v. State (2010)
— Idaho Code § 19-4906(d)(3) — 1 case
Marsalis v. State (2019)
— Idaho Code § 19-4906(e) — 8 cases
Kelly v. State (2010)
“Idaho Code § 19-4906 (b) provides: When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may indicate to the…”
Takhsilov v. State (2016)
Gilpin-Grubb v. State (2002)
Christopher Ray Schultz (2012)
Milburn v. State (2000)
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