A proceeding is commenced by filing an application verified by the applicant with the clerk of the court in which the conviction took place. Facts within the personal knowledge of the applicant and the authenticity of all documents and exhibits included in or attached to the application must be sworn to affirmatively as true and correct. The clerk shall docket the application upon its receipt and promptly bring it to the attention of the court and deliver a copy to the solicitor of the circuit in which the applicant was convicted and a copy to the Attorney General.
HISTORY: 1962 Code Section 17-603; 1969 (56) 158.
Structure South Carolina Code of Laws
Title 17 - Criminal Procedures
Chapter 27 - Uniform Post-conviction Procedure Act
Section 17-27-10. Short title.
Section 17-27-20. Persons who may institute proceeding; exclusiveness of remedy.
Section 17-27-30. Jurisdiction of court.
Section 17-27-40. Commencement of proceedings by filing of application.
Section 17-27-45. Filing procedures for post-conviction relief applications.
Section 17-27-50. Form and contents of application.
Section 17-27-60. Court costs and expenses for indigents.
Section 17-27-70. Court procedure on receipt of application.
Section 17-27-80. Hearing on application; final judgment.
Section 17-27-90. Grounds for relief.
Section 17-27-120. Construction.
Section 17-27-150. Discovery in post-conviction relief proceeding.
Section 17-27-160. Capital case post-conviction relief procedures.