§ 22-1084. Evidentiary hearing - Findings of fact and conclusions of law.  


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  • If the application cannot be disposed of on the pleadings and record, or there exists a material issue of fact, the court shall conduct an evidentiary hearing at which time a record shall be made and preserved.  The court may receive proof by affidavits, depositions, oral testimony, or other evidence and may order the applicant brought before it for the hearing.  A judge should not preside at such a hearing if his testimony is material.  The court shall make specific findings of fact, and state expressly its conclusions of law, relating to each issue presented.  This order is a final judgment.

Laws 1970, c. 220, § 5, eff. July 1, 1970.