3:22-12. Limitations

3:22-12. Limitations

(a) General Time Limitations.

(1) First Petition For Post-Conviction Relief. Except as provided in
paragraphs (a)(2), (a)(3), and (a)(4) of this rule, no petition shall be filed pursuant to this
rule more than 5 years after the date of entry pursuant to Rule 3:21-5 of the judgment of
conviction that is being challenged unless:

(A) it alleges facts showing that the delay beyond said time was due to
defendant's excusable neglect and that there is a reasonable probability that if the
defendant's factual assertions were found to be true enforcement of the time bar would
result in a fundamental injustice; or

(B) it alleges a claim for relief as set forth in paragraph (a)(2)(A) or
paragraph (a)(2)(B) of this rule and is filed within the one-year period set forth in
paragraph (a)(2) of this rule.

(2) Second or Subsequent Petition for Post-Conviction Relief.
Notwithstanding any other provision in this rule, no second or subsequent petition shall
be filed more than one year after the latest of:

(A) the date on which the constitutional right asserted was initially
recognized by the United States Supreme Court or the Supreme Court of New Jersey, if
that right has been newly recognized by either of those Courts and made retroactive by
either of those Courts to cases on collateral review; or

(B) the date on which the factual predicate for the relief sought was
discovered, if that factual predicate could not have been discovered earlier through the
exercise of reasonable diligence; or

(C) the date of the denial of the first or subsequent application for postconviction relief where ineffective assistance of counsel that represented the defendant
on the first or subsequent application for post-conviction relief is being alleged.

(3) Dismissal Without Prejudice When Direct Appeal Is Pending. A petition
dismissed without prejudice pursuant to R. 3:22-6A(2) because a direct appeal,
including a petition for certification, is pending, shall be treated as a first petition for
purposes of these rules if refiled within 90 days of the date of the judgment on direct
appeal, including consideration of a petition for certification, or within five years after the
date of the entry pursuant to Rule 3:21-5 of the judgment of conviction that is being
challenged.

(4) Dismissal Without Prejudice As Not Cognizable or For Insufficient
Verification or Contents. A petition dismissed pursuant to R. 3:22-6A(3) without
prejudice as not cognizable under R. 3:22-2, or for failing to meet the requirements of R.
3:22-8, shall be treated as a first petition for purposes of these rules if amended and
refiled within 90 days after the date of dismissal, or within five years after the date of the
entry pursuant to Rule 3:21-5 of the judgment of conviction that is being challenged.

(b) These time limitations shall not be relaxed, except as provided herein.

Note: Source -- R.R. 3:10A-13. Caption added and text designated as paragraph (a), and new paragraph (b) added July 12, 2002 to be effective September 3, 2002; paragraph (a) amended and new paragraph (c) adopted July 16, 2009 to be effective September 1, 2009; former paragraph (a) amended and allocated into subparagraphs (a)(1), (a)(3), and (a)(4), captions adopted for subparagraphs (a)(1), (a)(3), and (a)(4), and new subparagraph (a)(2) caption and text adopted January 14, 2010 to be effective February 1, 2010; paragraph (a)(1) amended, paragraph (b) deleted, and paragraph (c) redesignated paragraph (b) July 28, 2017 to be effective September 1, 2017.