Section 16-115-104 - Hearings - Necessity - Time(a) It shall be within the discretion of the judge having jurisdiction, within forty-five (45) days from the date of application, to determine from the petition, and the records and files of the case, whether an evidentiary hearing is warranted.(b) In the event a hearing is deemed necessary, the judge shall fix and announce a day of court to be held within forty-five (45) days from the date of application.Acts 1939, No. 54, § 6; A.S.A. 1947, § 33-106; Acts 1991, No. 582, § 1.