Section 4 - Commencement of Post-Conviction Proceeding

As amended through July 2, 2024
Section 4 - Commencement of Post-Conviction Proceeding
(A) Manner of Commencing. A post-conviction proceeding is commenced by filing a petition as defined in Section 2 in the court in which petitioner was convicted or sentenced, if the court was a court of record, or, if the conviction or sentence was not in a court of record, by filing a petition as defined in Section 2 in the court of record having criminal jurisdiction in which the conviction occurred or the sentence was imposed.
(B) Time for Commencing. A petition for post-conviction relief must be filed within the statute of limitations set forth in Tenn. Code Ann. § 40-30-102.
(C) Filing the Petition. A petition shall be filed in accordance with Section 2(G) of these rules.
(D) Filing Fees. No filing fee shall be a prerequisite for the filing of a petition for post-conviction relief.
(E) Place of Filing. A petition shall be filed in the court in which the conviction was obtained or in which the sentence was imposed. If the conviction was not obtained in a court of record, the petition shall be filed in a court of record having criminal jurisdiction in the county in which the conviction occurred or the sentence was imposed.