Part 3 · Post-conviction Relief

Rule 3:22-9. Amendments of Pleadings; Answer or Motion by Prosecutor

Amended July 16, 2009 (current) Contains Deadlines

Amendments of pleadings shall be liberally allowed. For all petitions assigned by the Office of the Public Defender pursuant to R. 3:22-6(a), assigned counsel may as of course serve and file an amended petition within [25] 90 days after assignment. Except as provided in R. 3:22-6A(3), if assigned counsel determines that no amended petition is warranted, counsel must serve and file notice of that determination within 90 days after assignment. For all petitions assigned to the Office of the Public Defender, the prosecutor shall, within 60 days after service of a copy of the amended petition or the notice that no amended petition will be filed, serve and file an answer to the petition or amended petition. For all other petitions for post-conviction relief, within 60 days after service of a copy of the petition or amended petition, the prosecutor shall serve and file an answer thereto. The court may make such other orders with respect to pleadings, as it deems appropriate.