822.7 Court to hear application.
The application shall be heard in, and before any judge of the court in which the conviction or sentence took place. However, if the applicant is seeking relief under section 822.2, subsection 1, paragraph “f”, the application shall be heard in, and before any judge of the court of the county in which the applicant is being confined. A record of the proceedings shall be made and preserved. All rules and statutes applicable in civil proceedings including pretrial and discovery procedures are available to the parties. The court may receive proof of affidavits, depositions, oral testimony, or other evidence, and may order the applicant brought before it for the hearing. If the court finds in favor of the applicant, it shall enter an appropriate order with respect to the conviction or sentence in the former proceedings, and any supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction of sentence, or other matters that may be necessary and proper. The court shall make specific findings of fact, and state expressly its conclusions of law, relating to each issue presented. This order is a final judgment.
[C71, 73, 75, 77, 79, 81, §663A.7; 81 Acts, ch 198, §3]
C93, §822.7
2006 Acts, ch 1010, §165
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 822 - POSTCONVICTION PROCEDURE
Section 822.1 - Statutes not applicable to convicted persons.
Section 822.2 - Situations where law applicable.
Section 822.3 - How to commence proceeding — limitation.
Section 822.3A - Pro se filings by applicants currently represented by counsel.
Section 822.4 - Facts to be presented.
Section 822.5 - Payment of costs.
Section 822.6 - Determination of relief.
Section 822.6A - Underlying trial court record part of application.
Section 822.6B - Electronic access to trial court records.
Section 822.6C - Associated costs.
Section 822.7 - Court to hear application.
Section 822.8 - Grounds must be all-inclusive.