Nevada Chapter 34 — Writs; Petition to Establish Factual Innocence
99 sections hosted, reproduced from the official public-domain source.
- NRS 34.005— Prosecuting agency” defined
- NRS 34.010— Writ of certiorari denominated writ of review
- NRS 34.020— Writ may be granted by appellate and district courts; when writ may issue
- NRS 34.030— Application for writ made on affidavit; notice to adverse party may be required
- NRS 34.040— Writ may be directed to inferior tribunal, board or officer
- NRS 34.050— Court may order return and hearing at any time
- NRS 34.060— Contents of writ
- NRS 34.070— Suspension of proceedings in inferior courts
- NRS 34.080— Service of writ
- NRS 34.090— Extent of review
- NRS 34.100— Perfection of defective return; hearing and judgment
- NRS 34.110— Copy of judgment to be transmitted to inferior tribunal, board or officer
- NRS 34.120— Judgment roll; appeal from judgment
- NRS 34.130— Rules of practice in certiorari proceedings
- NRS 34.140— Procedure in new trials and appeals in certiorari proceedings
- NRS 34.150— Writ of mandamus denominated writ of mandate
- NRS 34.160— Writ may be issued by appellate and district courts; when writ may issue
- NRS 34.170— Writ to issue when no plain, speedy and adequate remedy in law
- NRS 34.180— Writ may be made returnable; hearing
- NRS 34.185— Application alleging unconstitutional prior restraint; court required to render judgment on application not later than 30 days after application is filed
- NRS 34.190— Writ must be either alternative or peremptory; substance of writ
- NRS 34.200— Issuance of alternative or peremptory writ; notice of application; case heard by court whether adverse party appears or not
- NRS 34.210— Adverse party may show cause by answer under oath
- NRS 34.220— If answer raises essential question of fact, court may order jury trial
- NRS 34.230— Applicant may object to sufficiency of answer or countervail it by proof
- NRS 34.240— Motion for new trial and new trial
- NRS 34.250— Clerk to transmit verdict to court where writ is pending, after which hearing may be had on application for writ
- NRS 34.260— Court may grant time for reply to answer; hearing by court
- NRS 34.270— Recovery of damages by applicant; execution may issue to enforce judgment
- NRS 34.280— Service of writ
- NRS 34.290— Penalties for refusal or neglect to obey writ; state and county officers
- NRS 34.300— Rules of practice in mandamus proceedings
- NRS 34.310— Procedure in new trials and appeals in mandamus proceedings
- NRS 34.320— Writ of prohibition defined
- NRS 34.330— Writ may be issued by appellate or district court when no plain, speedy and adequate remedy in law
- NRS 34.340— Writ must be alternative or peremptory; form of writ
- NRS 34.350— Court may order return and hearing at any time
- NRS 34.360— Persons who may prosecute writ
- NRS 34.370— Application for writ; verification required; contents; supporting documents
- NRS 34.390— Judge to grant writ without delay; exceptions; effect of writ
- NRS 34.400— Contents of writ
- NRS 34.410— Service of writ
- NRS 34.420— Proceedings upon disobedience of writ
- NRS 34.440— Person served must bring body of person in custody; exceptions
- NRS 34.450— Sickness or infirmity of party restrained; hearing may proceed or be adjourned
- NRS 34.470— Answer to return; summary proceeding; attendance of witnesses
- NRS 34.480— If no legal cause shown, judge shall discharge person from custody
- NRS 34.500— Grounds for discharge in certain cases
- NRS 34.510— Defect of form in warrant or commitment not ground for discharge
- NRS 34.520— If charge defectively set forth in process or warrant, judge shall examine witnesses and discharge or recommit person
- NRS 34.530— Writ for purposes of bail
- NRS 34.540— Bail in habeas corpus proceedings
- NRS 34.550— Judge to remand to custody if party not entitled to discharge or is not bailed
- NRS 34.560— Judge may order change of custody; enforcement of commitment order stayed; appeal
- NRS 34.570— Pending judgment on proceedings, judge may commit or place in custody
- NRS 34.575— Appeal from order of district court granting or denying writ
- NRS 34.580— Defect of form in writ immaterial
- NRS 34.590— Cases where imprisonment after discharge is permitted
- NRS 34.600— In certain cases warrant may issue instead of writ
- NRS 34.610— Judge may include in warrant order for arrest of person charged with illegal detention
- NRS 34.620— Execution of warrant
- NRS 34.630— Return, answer and hearing on warrant
- NRS 34.640— Party may be discharged or remanded
- NRS 34.650— Writ of process may issue on Sunday or nonjudicial day
- NRS 34.660— Clerk to issue writs, warrants, processes and subpoenas; when returnable
- NRS 34.670— Damages recoverable for failure to issue or obey writ
- NRS 34.680— Penalties for custodian or accessory disobeying or avoiding writ
- NRS 34.700— Time for filing; waiver and consent of accused respecting date of trial
- NRS 34.710— Limitations on submission and consideration of pretrial petition
- NRS 34.720— Scope of provisions
- NRS 34.722— “Petition” defined
- NRS 34.724— Persons who may file petition; no filing fee required; effect of filing
- NRS 34.726— Limitations on time to file; stay of sentence
- NRS 34.730— Petition: Verification; title; service; filing by clerk; prerequisites for hearing
- NRS 34.731— Petition: Service or filing by electronic means; response or answer may be filed electronically; decision or order and notice of decision or order may be filed or served electronically; acceptance by clerk
- NRS 34.733— Petition: Form for challenging computation of time that petitioner has served
- NRS 34.735— Petition: Form for challenging validity of judgment of conviction or sentence
- NRS 34.738— Petition: Filing in appropriate county; limitation on scope
- NRS 34.740— Petition: Expeditious judicial examination
- NRS 34.745— Judicial order to file response or answer; when order is required; form of order; summary dismissal of successive petitions; record of proceeding
- NRS 34.750— Appointment of counsel for indigents; payment of costs incident to proceedings; pleadings supplemental to petition; response to motion to dismiss
- NRS 34.760— Contents of respondent’s response or answer; supplemental material
- NRS 34.770— Judicial determination of need for evidentiary hearing; dismissal of petition or granting of writ
- NRS 34.780— Applicability of Nevada Rules of Civil Procedure; discovery
- NRS 34.790— Record of evidentiary hearing after writ is granted; submission of additional material
- NRS 34.800— Dismissal of petition for delay in filing
- NRS 34.810— Additional reasons for dismissal of petition
- NRS 34.820— Procedure in cases where petitioner has been sentenced to death
- NRS 34.830— Contents and notice of order finally disposing of petition
- NRS 34.900— Definitions
- NRS 34.910— “Bona fide issue of factual innocence” defined
- NRS 34.920— “Factual innocence” defined
- NRS 34.930— “Newly discovered evidence” defined
- NRS 34.940— Determination of when evidence is “material.”
- NRS 34.950— Claim of factual innocence is separate from state habeas claim
- NRS 34.960— Filing of petition; notice and copy of petition to be served on prosecuting agency; contents; review by court; grounds for dismissal; explanation of decision by court; preservation of evidence; proceedings governed by Nevada Rules of Civil Procedure
- NRS 34.970— Order by court requiring response to petition; contents of order; time for response; reply; consideration of petition by court; hearing on petition; stipulation of factual innocence of petitioner; issuance of order of factual innocence; explanation by court; appeal
- NRS 34.980— Appointment of counsel
- NRS 34.990— Notice to victim