40-30-107 - Preliminary order. - Tennessee Statutes

40-30-107. Preliminary order.

(a)  If the petition is not dismissed upon preliminary consideration, the court shall enter a preliminary order.

(b)  In all cases, the preliminary order shall direct the following:

     (1)  If a petitioner not represented by counsel requests counsel and the court is satisfied that the petitioner is indigent as defined in § 40-14-201, the court shall appoint counsel to represent the petitioner.

     (2)  If counsel is appointed or retained, or the petitioner is proceeding pro se, counsel or the petitioner if proceeding pro se must file an amended petition or a written notice that no amendment will be filed. The amended petition or notice shall be filed within thirty (30) days of the entry of the preliminary order, unless extended for good cause. The written notice, if filed by counsel, shall state that counsel has consulted the petitioner and that the petitioner agrees there is no need to amend the petition. Good cause will not be met by a routine statement that the press of other business prevents the filing of the appropriate pleadings within the designated time.

[Acts 1995, ch. 207, § 1; T.C.A. § 40-30-207.]