Arkansas

Criminal Procedure

Criminal Procedure

Rule 37.1 – Scope of Remedy

(a) A petitioner in custody under sentence of a circuit court claiming a right to be released, or to have a new trial, or to have the original sentence modified on the ground:

(i) that the sentence was imposed in violation of the Constitution and laws of the United States or this state; or
(ii) that the court imposing the sentence was without jurisdiction to do so; or
(iii) that the sentence was in excess of the maximum sentence authorized by law; or
(iv) that the sentence is otherwise subject to collateral attack may file a petition in the court that imposed the sentence, praying that the sentence be vacated or corrected.
(b) The petition shall state in concise, nonrepetitive, factually specific language, the grounds upon which it is based. The petition, whether handwritten or typed, shall be clearly legible, and shall not exceed ten pages of thirty lines per page and fifteen words per line, with left and right margins of at least one and one-half inches and upper and lower margins of at least two inches. The circuit court or appellate court may dismiss any petition that fails to comply with this subsection.
(c) The petition shall be accompanied by the petitioner’s affidavit, sworn to before a notary or other officer authorized by law to administer oaths, in substantially the following form:

AFFIDAVIT

The petitioner states under oath that (he) (she) has read the foregoing petition for postconviction relief and that the facts stated in the petition are true, correct, and complete to the best of petitioner’s knowledge and belief.

______________________

Petitioner’s signature

Subscribed and sworn to before me the undersigned officer this ___ day of _____ , 20____.

__________________

Notary or other officer

(d) The circuit clerk shall not accept for filing any petition that fails to comply with subsection (c) of this rule. The circuit court or any appellate court shall dismiss any petition that fails to comply with subsection (c) of this rule.
(e) In addition to filing the petition with the clerk of the court, the petitioner shall (I) send a letter to the judge of the circuit court that imposed the sentence notifying the judge that the petition has been filed and (ii) file with the clerk a copy of the letter notifying the judge that the petition has been filed. The letter to the judge shall enclose all copies of pleadings and documents relating to the petition and shall reflect service on the prosecuting attorney. Filings pursuant to this subsection (e) shall be used solely for purposes of Administrative Order No. 3, and failure to comply with this subsection (e) shall not be grounds for dismissing the petition.

Ark. R. Crim. P. 37.1

Reporter’s Notes to 2006 Amendments: Rule 37.1 formerly stated that a petition for postconviction relief had to be “verified.” The 2006 amendments added subsections (c) and (d) to reduce the likelihood that the verification requirement would be overlooked by the petitioner or the courts. Reporter’s Note, 2007 Amendment: Subsection (e) was added in 2007. Administrative Order No. 3 requires circuit judges to report cases under advisement for more than 90 days to the Administrative Office of the Courts. The 90-day period does not start to run on a Rule 37 petition until the judge is notified as provided in subsection (e).