Rules of Court · Part 3 · New Jersey

R. 3:22-2 New Jersey Rules of Court, R. 3:22-2: Grounds, rendered as code with every cross-reference linked

Grounds

Reading viewCode the rule, verbatim; Code adds line numbers, links on every cross-reference and the list of rules that cite this one

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.

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.

Verbatim rule text, unmarked. Nothing here is a summary.

rule 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.
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.
}
referenced_by: 3:22-11, 3:22-12, 3:22-6, 3:22-6A
source: njcourts.gov // verbatim; changed 2025-09-26; corpus harvested 2026-09-02

← R. 3:22-1 · R. 3:22-3 → · chapter 3:22 · all rules

The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.