Section 29-32.1-06 - Response by answer or motion1. Within thirty days after the docketing of an application or within any further time the court may allow, the state shall respond by answer or motion.2. The state may move to dismiss an application on the ground that it is evident from the application that the applicant is not entitled to post conviction relief and no purpose would be served by any further proceedings. In considering the motion, the court shall take account of substance regardless of defects of form.3. The following defenses may be raised by answer or motion:a. The claim has been fully and finally determined in a previous proceeding in accordance with subsection 1 of section 29-32.1-12; orb. The application constitutes misuse of process in accordance with subsection 2 of section 29-32.1-12.