Monday, August 17, 2009

3:22-9. Amendments of Pleadings; Answer [ or Motion ] by Prosecutor

3:22-9. Amendments of Pleadings; Answer [ or Motion ] by Prosecutor

Amendments of pleadings shall be liberally allowed. For all petitions assigned by
the Office of the Public Defender pursuant to R. 3:22-6(a), [A]assigned counsel may as
of course serve and file an amended petition within [25] 90 days after assignment.
Except as provided in R. 3:22-6A(3), if assigned counsel determines that no amended
petition is warranted, counsel must serve and file notice of that determination within 90
days after assignment. For all petitions assigned to the Office of the Public Defender,
the prosecutor shall, within 60 days after service of a copy of the amended petition or
the notice that no amended petition will be filed, serve and file an answer to the petition
or amended petition. For all other petitions for post-conviction relief, w[W]ithin [30] 60
days after service of a copy of the petition or amended petition, the prosecutor shall
serve and file an answer thereto. [or move on 10 days' notice for dismissal. If a motion
for dismissal is denied the State's answer shall be filed within 15 days thereafter.] The
court may make such other orders with respect to pleadings, as it deems appropriate.