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, ifthe applicant isseeking relief under section 822.2, subsection 1, paragraph “f”, the application shall be filedwith the clerk of the district court of the county in which the applicant isbeing confined within ninety days from the date the disciplinary decision isfinal. All other applications must be filedwithin three years fromthe date the conviction ordecision is finalor, in theevent of an appeal, from the date thewritof procedendo isissued. However, this limitationdoes not apply to 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 ordered pursuant to an application filed under section 81.10. An allegation of ineffective assistance of counsel in a prior case under this chapter shall not tollor extend the limitation periods in this section nor shall such claim relate back to a prior filing to avoid the application of the limitation periods. Facts within the personal knowledge of the applicant and the authenticity of all documents and exhibits included in or attached to the application must be sworn to affirmatively as true and correct. The supreme courtmay prescribethe formof the application and verification. The clerk shall docket the application upon its receipt and promptly bring it tothe attention of thecourt and deliver a copy tothe county attorney and the attorney general. C93, §822.3
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