AL · rules
Ala. R. Crim. P. 32.6
Commencement of proceedings
(a) FORM, FILING, AND SERVICE OF PETITION. A proceeding under this rule
is commenced by filing a petition, verified by the petitioner or the petitioner's
attorney, with the clerk of the court. A petition may be filed at any time after entry
of judgment and sentence (subject to the provisions of Rule 32.2(c)). The petition
should be filed by using or following the form accompanying this rule. If that form
is not used or followed, the court shall return the petition to the petitioner to be
amended to comply with the form. The petition shall be accompanied by two copies
thereof. It shall also be accompanied by the filing fee prescribed by law or rule in
civil cases in the circuit court unless the petitioner applies for and is given leave to
prosecute the petition in forma pauperis. If the petitioner desires to prosecute the
petition in forma pauperis, he or she shall file the "In Forma Pauperis Declaration"
at the end of the form. In all such cases, the petition shall also be accompanied by
a certificate of the warden or other appropriate officer of the institution in which the
petitioner is confined, stating the amount of money or securities on deposit to the
petitioner's credit in any account in the institution for the previous twelve (12)
months, which certificate may be considered by the court in acting upon the
petitioner's application for leave to proceed in forma pauperis. If the application to
proceed in forma pauperis is granted, the filing fee shall initially be waived, but may
be assessed as provided in Rule 32.7(e). Upon receipt of the petition and the filing
fee, or an order granting leave to the petitioner to proceed in forma pauperis, the
clerk shall file the petition and promptly send a copy to the district attorney (or, in
the case of a petition filed in the municipal court, to the municipal prosecutor).
(b) SPECIFICITY. Each claim in the petition must contain a clear and
specific statement of the grounds upon which relief is sought, including full
disclosure of the factual basis of those grounds. A bare allegation that a
constitutional right has been violated and mere conclusions of law shall not be
sufficient to warrant any further proceedings.
(c) NOTIFICATION OF APPELLATE COURT. If an appeal of the petitioner’s
conviction is pending, the clerk shall also promptly send a copy of the petition to
the appropriate appellate court, noting in the record the date and manner by which
it is sent.
(d) ASSIGNMENT OF JUDGE. The proceeding shall be assigned to the
sentencing judge where possible, but for good cause the proceeding may be
assigned or transferred to another judge.
History
[Amended 8-1-2002; Amended eff. 11-28-2012.] Note from the reporter of decisions: The order amending Rule 32.6(a), effective August 1, 2002, is published in that volume of Alabama Reporter that contains Alabama cases from 810 So.2d. Note from the reporter of decisions: The order amending, effective November 28, 2012, Rule 18.4(g) and Rule 32.6 and adopting, effective November 28, 2012, Rule 32.7(e) and the Committee Comments to Rule 18.4(g) Effective November 28, 2012, are published in that volume of Alabama Reporter that contains Alabama cases from ___ So. 3d.
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
9dd7d2a9b16c0f4761e160bc8dace195fb67fa327e55ee9c53aed01c56cc2ff2
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