TCA 37-1-309
Grounds for dismissal of petition – Hearing on petition – Issuance of orders or stays
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What does this charge mean?
This statute explains how courts handle petitions for relief. If the court records clearly prove the petitioner deserves no relief, the court can dismiss the petition. Otherwise, the court must hold a hearing as quickly as possible and can issue orders or stays (delays) as needed.
Penalty Details
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Penalty SummaryClassification not specified
(a) When the petition has been competently drafted, and all pleadings, files and records of the case that are before the court conclusively show that the petitioner is entitled to no relief, the court may order the petition dismissed. (b) In all other cases, the court shall grant a hearing as soon as practicable. (c) The court shall issue such interlocutory order, including a stay of execution, as may be required.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
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TCA Section37-1-309