What is the procedure for filing a motion for post-conviction relief?

In Washington, the filing of a motion for post-conviction relief is governed by the rules of criminal procedure. The process begins with the filing of a motion for post-conviction relief. This motion must be filed in the same court where the conviction occurred and must be timely, meaning it must be filed within one year from the date of conviction or the date of the last court order, whichever is later. The motion must be based on evidence of newly discovered facts or legal errors in the underlying conviction. The motion must be supported by relevant legal authority and must include a statement of facts to support the post-conviction relief being sought. The motion must also be verified. This means that the person filing the motion must make a sworn statement that the facts set forth in the motion are true and correct. If the motion is not verified, it may be dismissed by the court. Once the motion is filed, the court will issue an order setting a date for the hearing. This hearing is an opportunity for both sides to present evidence and argue their case. The court may then grant or deny the motion for post-conviction relief, depending on the facts and evidence presented. If the motion is granted, the conviction may be overturned or the sentence may be reduced.

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What is the procedure for filing a motion for post-conviction relief?

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