Thursday, December 18, 2008

3:22-7. Docketing; Service on Prosecutor; Assignment for Disposition

The clerk shall make an entry of the filing of the petition in the proceedings in which the conviction took place, and, if it is filed pro se, shall forthwith transmit a copy thereof to the prosecutor of the county. If the petition is filed by an attorney, that attorney shall serve a copy thereof on the prosecutor before filing and shall file proof, certification or acknowledgement of service with the petition. The clerk shall promptly notify the Assignment Judge or judge designated by the Assignment Judge of the filing of the petition, who shall forthwith refer the matter for disposition to a trial judge.