Rule 23-31. Reply to the Return

(a) If the return alleges any defense or claim that the petitioner is not entitled to relief, and such allegations are not put in dispute by the petition, the petitioner shall file a reply.

(b) The reply shall admit or deny any allegations that the petitioner is not entitled to relief.

(c) The reply shall allege any facts and assert any cause and prejudice claimed to permit review of any issue despite any claimed procedural default. The reply shall not restate the claims of the petition.

Committee Notes

(P.B. 1978-1997, Sec. 529J.)