Tenn. R. Sup. Ct., r. 28, 5

As amended through December 20, 2024

Section 5 - Nature of Pleadings

(A) Nature of Pleadings. The pleading in a post-conviction case shall consist of a petition or a motion to reopen and a responsive motion or answer.

(B) Number of Petitions. Each petitioner shall be entitled to file only one petition for each conviction or sentence incurred.

(C) Limitation of Petitions. Each petition shall be limited to claims arising from the judgment or judgments entered in a single trial or proceeding. A petitioner who desires to obtain relief from judgments entered in more than one trial or proceeding must file separate petitions for each trial or proceeding.

(D) Form of Petition or Motion to Reopen. The petition for post-conviction relief shall be substantially in the form set forth in the appendix. Likewise, a motion to reopen a post-conviction proceeding shall be substantially in the form set forth in the appendix.

(E) Contents of Petition. The petition shall contain:

(1) the biographical and case identifying information contained in the form petition in the appendix;

(2) an affidavit of petitioner in the form set forth in the appendix;

(3) each and every error that petitioner asserts as a ground for relief, including a description of how petitioner was prejudiced by the error(s);

(4) specific facts supporting each claim for relief asserted by petitioner;

(5) specific facts explaining why each claim for relief was not previously presented in any earlier proceeding;

(6) the name or names of any attorney(s) who prepared or assisted in preparing the petition.

(F) Effect of Failure to Comply with Rule. A petition may be dismissed without a hearing if it:

(1) is not timely filed;

(2) is filed while another post-conviction petition or direct appeal regarding the same conviction is pending;

(3) does not contain specific factual allegations;

(4) does not state the reasons that the claim is not barred by the statute of limitations, waived, or previously determined; or

(5) does not entitle petitioner to relief even if taken as true.

(G) Contents of State's Response. The answer shall admit or deny each and every allegation set forth in the petition. The state shall file a motion to dismiss which includes the facts relied upon to support the motion to raise as a defense that:

(1) the petition is barred by the statute of limitations;

(2) the claim has been waived or previously determined;

(3) the petition is not filed in the court with jurisdictions;

(4) the petition asserts a claim for relief from judgments entered in separate trials or proceedings;

(5) a post-conviction petition or direct appeal regarding the same conviction is currently pending; or

(6) the facts alleged fail to show that petitioner is entitled to relief.

(H) Time for Filing Answer or Motion. The answer or motion to dismiss shall be filed no more than thirty (30) days after the filing of the amended petition or written notice that no amendment will be filed as required by Tenn. Code Ann. § 40-30-107(b)(2), except for good cause shown.

(I) Effect of Failure to Comply with Rule. The failure to timely file the answer or motion to dismiss within thirty (30) days of the amended petition or written notice that no amendment will be filed or the failure to detail the facts relating to the defenses enumerated in subsection (5)(G) shall not entitle petitioner to relief without proof, but may result in the imposition of sanctions in the exercise of the trial judge's discretion.

Tenn. R. Sup. Ct., r. 28, 5