Rule 33.3. Nature of a Post-Conviction Proceeding and Relation to Other Remedies

(a) Generally A post-conviction proceeding is part of the original criminal action and is not a separate action. It replaces and incorporates all trial court post-plea remedies except those obtainable by Rule 24 motions and habeas corpus.

(b) Other Applications or Requests for Relief If a court receives any type of application or request for relief--however titled--that challenges the validity of the defendant's plea or admission of a probation violation, or a sentence following entry of a plea or admission of a probation violation, it must treat the application as a petition for post-conviction relief. If that court is not the court that sentenced the defendant, it must transfer the application or request for relief to the court where the defendant was sentenced.