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2006 Utah Code - 78-35a-107 — Statute of limitations for postconviction relief.
78-35a-107. Statute of limitations for postconviction relief.
(1) A petitioner is entitled to relief only if the petition is filed within one year after the cause of action has accrued.
(2) For purposes of this section, the cause of action accrues on the latest of the following dates:
(a) the last day for filing an appeal from the entry of the final judgment of conviction, if no appeal is taken;
(b) the entry of the decision of the appellate court which has jurisdiction over the case, if an appeal is taken;
(c) the last day for filing a petition for writ of certiorari in the Utah Supreme Court or the United States Supreme Court, if no petition for writ of certiorari is filed;
(d) the entry of the denial of the petition for writ of certiorari or the entry of the decision on the petition for certiorari review, if a petition for writ of certiorari is filed; or
(e) the date on which petitioner knew or should have known, in the exercise of reasonable diligence, of evidentiary facts on which the petition is based.
(3) If the court finds that the interests of justice require, a court may excuse a petitioner's failure to file within the time limitations.
(4) Sections 77-19-8, 78-12-35, and 78-12-40 do not extend the limitations period established in this section.
(1) A petitioner is entitled to relief only if the petition is filed within one year after the cause of action has accrued.
(2) For purposes of this section, the cause of action accrues on the latest of the following dates:
(a) the last day for filing an appeal from the entry of the final judgment of conviction, if no appeal is taken;
(b) the entry of the decision of the appellate court which has jurisdiction over the case, if an appeal is taken;
(c) the last day for filing a petition for writ of certiorari in the Utah Supreme Court or the United States Supreme Court, if no petition for writ of certiorari is filed;
(d) the entry of the denial of the petition for writ of certiorari or the entry of the decision on the petition for certiorari review, if a petition for writ of certiorari is filed; or
(e) the date on which petitioner knew or should have known, in the exercise of reasonable diligence, of evidentiary facts on which the petition is based.
(3) If the court finds that the interests of justice require, a court may excuse a petitioner's failure to file within the time limitations.
(4) Sections 77-19-8, 78-12-35, and 78-12-40 do not extend the limitations period established in this section.
Amended by Chapter 139, 2004 General Session
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