Rule 4-406. Hearing

(a) When Required A hearing shall be held promptly on a petition under the Uniform Post Conviction Procedure Act unless the parties stipulate that the facts stated in the petition are true and that the facts and applicable law justify the granting of relief. If a defendant requests that the court reopen a post conviction proceeding that was previously concluded, the court shall determine whether a hearing will be held, but it may not reopen the proceeding or grant the relief requested without a hearing unless the parties stipulate that the facts stated in the petition are true and that the facts and applicable law justify the granting of relief.

(b) Judge The hearing shall not be held by the judge who presided at trial except with the consent of the petitioner.

(c) Evidence Evidence may be presented by affidavit, deposition, oral testimony, or in any other form as the court finds convenient and just. In the interest of justice, the court may decline to require strict application of the rules in Title 5, except those relating to the competency of witnesses.

(d) Presence of Petitioner The petitioner has the right to be present at any hearing on the petition.

Committee Notes

Cross reference: For procedures concerning DNA testing and preservation of DNA evidence in post conviction cases, see Code, Criminal Procedure Article, § 8-201. Cross reference: For post conviction procedure, right to counsel and hearing, see Code, Criminal Procedure Article, §§ 7-101--7-108; victim notification, Criminal Procedure Article, §§ 7-105, 11-102, 11-104, and 11-503. For right of a victim or victim's representative to address the court, see Code, Criminal Procedure Article, § 11-403. Source: This Rule is derived as follows: Section (a) is new. Section (b) is derived from former Rule BK44 c. Section (c) is derived from former Rule BK44 d. Section (d) is derived from former Rule BK44 e.