Section 8 - Evidentiary Hearing(A) Timing. Upon finding that the petition states a colorable claim and within thirty (30) days of the state's response, the court shall enter an order scheduling an evidentiary hearing.(B) Continuances. The evidentiary hearing shall be conducted within four (4) months of the order scheduling the hearing. The hearing shall not be continued except by order of the court finding that unforeseeable circumstances render a continuance a manifest necessity. No continuance shall extend the hearing more than sixty (60) days beyond the original hearing date.(C) Witnesses -(1)Petitioner.(a) Petitioner has the right to testify unless petitioner is incarcerated in a state that will not release petitioner to the custody of Tennessee for appearance at the evidentiary hearing.(b) Petitioner shall testify at the evidentiary hearing if the petition raises substantial issues of facts, unless petitioner is incarcerated out of state.(c) If petitioner is incarcerated out of state, petitioner shall be allowed to offer testimony by affidavit or deposition.(d) Under no circumstances shall petitioner be required to testify regarding the facts of the conviction which the petition attacks unless necessary to establish the allegations of the petition or necessary to the state's attempt to rebut the allegations of the petition.(2)Affidavit and Deposition Testimony. If the judge allows affidavit or deposition testimony under the provisions of Tenn. Code Ann. § 40-30-110(a), the judge shall allow the other party sufficient time to file affidavits or depositions in response. If the state is allowed to file deposition testimony, the state shall provide to counsel for indigent petitioners or indigent petitioners if pro se a copy of the deposition at state expense.(3)Subpoenas. Each party shall have the right to subpoena witnesses for appearance at the evidentiary hearing.(D) Hearing Procedure.(1) Petitioner shall be required to present petitioner's case and to establish the factual grounds alleged by clear and convincing evidence.(2) Each party shall have the right to examine all witnesses.(3) In the event that the petition alleges that petitioner was unconstitutionally deprived of an appeal and was also entitled to relief on other grounds, the court shall bifurcate the proceedings and determine first whether petitioner was denied an appeal, while holding the other claims in abeyance. Those claims shall be considered after the outcome of the delayed appeal if allowed, or after the appeal of the claim, if denied.(4) The hearing shall be limited to issues raised in the petition.(5) If evidence is objected to on the basis that it concerns issues not raised in the petition or answer, the court may allow amendments and shall do so freely when the presentation of the merits of the cause will otherwise be subserved. The court shall liberally allow a continuance in the event an amendment is allowed to enable the objecting party to meet the evidence.(6) The hearing, and any other proceedings regarding the petition, shall be recorded.Adopted October 28, 1996; Amended November 28, 2007, 1/22/2009.