§ 822.3

822.3 How to commence proceeding — limitation. A proceeding is commenced by filing an application verified by the applicant with the clerk of the district court in which the conviction or sentence took place. However, if the applicantis seeking relief under section 822.2, subsection 1, paragraph 'f', the application shall befiled with the clerk of the district court of the county in which the applicant is being confinedwithin ninety days from the date the disciplinary decision is final. All other applications mustbe filed within three years from the date the conviction or decision is final or, in the event of anappeal, from the date the writ of procedendo is issued. However, this limitation does not applyto a ground of fact or law that could not have been raised within the applicable time period.For purposes of this section, a ground of fact includes the results of DNA profiling orderedpursuant to an application filed under section 81.10. An allegation of ineffective assistanceof counsel in a prior case under this chapter shall not toll or extend the limitation periods inthis section nor shall such claim relate back to a prior filing to avoid the application of thelimitation

counsel in a prior case under this chapter shall not toll or extend the limitation periods inthis section nor shall such claim relate back to a prior filing to avoid the application of thelimitation periods. Facts within the personal knowledge of the applicant and the authenticityof all documents and exhibits included in or attached to the application must be sworn toaffirmatively as true and correct. The supreme court may prescribe the form of the applicationand verification. The clerk shall docket the application upon its receipt and promptly bringit to the attention of the court and deliver a copy to the county attorney and the attorneygeneral. [C71, 73, 75, 77, 79, 81, §663A.3]84 Acts, ch 1193, §1; 89 Acts, ch 96, §1C93, §822.32006 Acts, ch 1010, §163; 2019 Acts, ch 140, §34; 2019 Acts, ch 149, §8Referred to in §602.8102(115), 822.4 Sat Dec 23 12:36:00 2023 Iowa Code 2024, Section 822.3 (18, 0)