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NRS 34.738

Petition: Filing in appropriate county; limitation on scope

Applied in 8 court decisions — leading case Mazzan v. Warden, Nevada State Prison (1996)

Most recently applied in Mitchell v. Nev. Legislative Counsel (November 2018)

(Added to NRS by 1991, 76; A 1999, 145; 2019, 3009; 2023, 1627; 2025, 258)

How often courts cite this section

199620002010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

1. A petition that challenges the validity of a judgment of conviction or sentence must be filed with the clerk of the district court for the county in which the conviction occurred. Any other petition must be filed with the clerk of:

(a) The district court for the county in which the petitioner is incarcerated, if, at the time the petition is filed, the petitioner is incarcerated in this State;

(b) The district court for the county in which the petitioner resides, if, at the time the petition is filed, the petitioner has been released from the custody of the Department of Corrections and resides in this State; or

(c) The First Judicial District Court in and for Carson City, if, at the time the petition is filed, the petitioner:

(1) Is incarcerated outside this State while serving a term of imprisonment imposed by a court of this State; or

(2) Has been released from the custody of the Department of Corrections and resides outside this State.

2. A petition that is not filed in the district court for the appropriate county:

(a) Shall be deemed to be filed on the date it is received by the clerk of the district court in which the petition is initially lodged; and

(b) Must be transferred by the clerk of that court to the clerk of the district court for the appropriate county.

3. A petition must not challenge both the validity of a judgment of conviction or sentence and the computation of time that the petitioner has served pursuant to a judgment of conviction. If a petition improperly challenges both the validity of a judgment of conviction or sentence and the computation of time that the petitioner has served pursuant to a judgment of conviction, the district court for the appropriate county shall resolve that portion of the petition that challenges the validity of the judgment of conviction or sentence and dismiss the remainder of the petition without prejudice.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.