NJ · rules
N.J. Ct. R. 3:22-2
Grounds
A petition for post-conviction relief is cognizable if based upon any of the following grounds:
(a) Substantial denial in the conviction proceedings of defendant's rights under the Constitution of the United States or the Constitution or laws of the State of New Jersey;
(b) Lack of jurisdiction of the court to impose the judgment rendered upon defendant's conviction;
(c) Imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by law if raised together with other grounds cognizable under paragraph(a), (b), or (d) of this rule. Otherwise a claim alleging the imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by law shall be filed pursuant to R. 3:21-10(b)(5).
(d) Any ground heretofore available as a basis for collateral attack upon a conviction by habeas corpus or any other common-law or statutory remedy.
(e) A claim of ineffective assistance of counsel based on trial counsel’s failure to file a direct appeal of the judgment of conviction and sentence upon defendant’s timely request.
History
Note: Source -- R.R. 3:10A-2; paragraph (c) amended July 16, 2009 to be effective September 1, 2009, new paragraph (e) adopted July 27, 2018 to be effective September 1, 2018.
Provenance
- Source
- njcourts.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
37115430f2df9d6b84f707a4dbe98923938e4e8efa3102d19c0ff1d8d48caed8
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.