Title 3

NRS 34.570 Pending judgment on proceedings, judge may commit or place in custody. Until judgment is given on a petition, the judge before whom any party may be brought on the petition may: 1. Commit the party to the custody of the sheriff of the county; or 2. Place the party in s…

NRS 34.575 Appeal from order of district court granting or denying writ. 1. An applicant who, after conviction or while no criminal action is pending against the applicant, has petitioned the district court for a writ of habeas corpus and whose application for the writ is denied,…

NRS 34.580 Defect of form in writ immaterial. No writ of habeas corpus shall be disobeyed for defect of form if it sufficiently appear therefrom in whose custody or under whose restraint the party imprisoned or restrained is, the officer or person detaining the party, and the jud…

NRS 34.590 Cases where imprisonment after discharge is permitted. No person who has been discharged by the order of the judge upon habeas corpus issued pursuant to the provisions of this chapter shall be again imprisoned, restrained or kept in custody for the same cause, except i…

NRS 34.600 In certain cases warrant may issue instead of writ. Whenever it shall appear by satisfactory proof, by affidavit, to any judge authorized by law to grant a writ of habeas corpus, that anyone is illegally held in custody, confinement or restraint, and that there is good…

NRS 34.610 Judge may include in warrant order for arrest of person charged with illegal detention. The judge may also, if the same be deemed necessary, insert in such warrant a command for the apprehension of the person charged with such illegal detention and restraint. [31:93:18…

NRS 34.620 Execution of warrant. The officer to whom such warrant is delivered shall execute the same by bringing the person or persons therein named before the judge who may have directed the issuing of such warrant. [32:93:1862; B § 380; BH § 3702; C § 3774; RL § 6257; NCL § 11…

NRS 34.630 Return, answer and hearing on warrant. The person alleged to have such party under illegal confinement or restraint may make return to such warrant, as in the case of a writ of habeas corpus, and the same may be denied, and like allegations, proofs and trial shall be t…

NRS 34.640 Party may be discharged or remanded. If such party be held under illegal restraint or custody, the party shall be discharged, and if not, the party shall be restored to the custody of the person entitled thereto, or left at liberty, as the case may require. [34:93:1862…

NRS 34.650 Writ of process may issue on Sunday or nonjudicial day. Any writ of process authorized by NRS 34.360 to 34.830, inclusive, may be issued and served on Sunday or any other nonjudicial day. [35:93:1862; B § 383; BH § 3705; C § 3777; RL § 6260; NCL § 11409]

NRS 34.660 Clerk to issue writs, warrants, processes and subpoenas; when returnable. All writs, warrants, processes and subpoenas authorized by the provisions of NRS 34.360 to 34.830, inclusive, shall be issued by the clerk of the court, and, except subpoenas, sealed with the sea…

NRS 34.670 Damages recoverable for failure to issue or obey writ. If any judge, after a proper application is made, shall refuse to grant an order for a writ of habeas corpus, or if the officer or person to whom such writ may be directed shall refuse obedience to the command ther…

NRS 34.680 Penalties for custodian or accessory disobeying or avoiding writ. 1. Any person having in his or her custody or under his or her restraint or power any person for whose relief a writ of habeas corpus shall have been duly issued pursuant to the provisions of this chapte…

NRS 34.700 Time for filing; waiver and consent of accused respecting date of trial. 1. Except as provided in subsection 3, a pretrial petition for a writ of habeas corpus based on alleged lack of probable cause or otherwise challenging the court’s right or jurisdiction to proceed…

NRS 34.710 Limitations on submission and consideration of pretrial petition. 1. A district court shall not consider any pretrial petition for habeas corpus: (a) Based on alleged lack of probable cause or otherwise challenging the court’s right or jurisdiction to proceed to the tr…

NRS 34.720 Scope of provisions. The provisions of NRS 34.720 to 34.830, inclusive, apply only to petitions for writs of habeas corpus in which the petitioner: 1. Requests relief from a judgment of conviction or sentence in a criminal case; or 2. Challenges the computation of time…

NRS 34.722 “Petition” defined. As used in NRS 34.720 to 34.830, inclusive, unless the context otherwise requires, “petition” means a petition to obtain relief from a judgment of conviction or sentence or to challenge the computation of time a person has served filed pursuant to N…

NRS 34.724 Persons who may file petition; no filing fee required; effect of filing. 1. Any person convicted of a crime and under sentence of death or imprisonment who claims that the conviction was obtained, or that the sentence was imposed, in violation of the Constitution of th…

NRS 34.726 Limitations on time to file; stay of sentence. 1. Unless there is good cause shown for delay, a petition that challenges the validity of a judgment of conviction or sentence must be filed within 1 year after entry of the judgment of conviction or, if an appeal has been…

NRS 34.730 Petition: Verification; title; service; filing by clerk; prerequisites for hearing. 1. A petition must be verified by the petitioner or the petitioner’s counsel. If the petition is verified by counsel, counsel shall also verify that the petitioner personally authorized…

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. 1. A petition that challenges the computation of time that the…

NRS 34.733 Petition: Form for challenging computation of time that petitioner has served. A petition for a writ of habeas corpus that challenges the computation of time that the petitioner has served pursuant to a judgment of conviction must be in substantially the following form…

NRS 34.735 Petition: Form for challenging validity of judgment of conviction or sentence. A petition that challenges the validity of a judgment of conviction or sentence must be in substantially the following form, with appropriate modifications if the petition is filed in the Co…

NRS 34.738 Petition: Filing in appropriate county; limitation on scope. 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 b…

NRS 34.740 Petition: Expeditious judicial examination. The original petition must be presented promptly to a district judge, a judge of the Court of Appeals or a justice of the Supreme Court by the clerk of the court. The petition must be examined expeditiously by the judge or ju…

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. 1. The judge or justice shall order the prosecuting agency to: (a) File a response or an answer to the petition within 45 …

NRS 34.750 Appointment of counsel for indigents; payment of costs incident to proceedings; pleadings supplemental to petition; response to motion to dismiss. 1. A petition may allege that the petitioner is unable to pay the costs of the proceedings or to employ counsel. If the co…

NRS 34.760 Contents of respondent’s response or answer; supplemental material. 1. A response or answer must: (a) State plainly and unequivocally whether the respondent has or had the petitioner in custody or under the respondent’s power or restraint and, if the respondent: (1) Ha…

NRS 34.770 Judicial determination of need for evidentiary hearing; dismissal of petition or granting of writ. 1. The judge or justice, upon review of the response or answer and all supporting documents which are filed, shall determine whether an evidentiary hearing is required. A…

NRS 34.780 Applicability of Nevada Rules of Civil Procedure; discovery. 1. The Nevada Rules of Civil Procedure, to the extent that they are not inconsistent with NRS 34.360 to 34.830, inclusive, apply to proceedings pursuant to NRS 34.720 to 34.830, inclusive. 2. After the writ h…

NRS 34.790 Record of evidentiary hearing after writ is granted; submission of additional material. 1. If an evidentiary hearing is required, the judge or justice may direct that the record be expanded by the parties by the inclusion of additional materials relevant to the determi…

NRS 34.800 Dismissal of petition for delay in filing. 1. A petition may be dismissed if delay in the filing of the petition: (a) Prejudices the respondent or the State of Nevada in responding to the petition, unless the petitioner shows that the petition is based upon grounds of …

NRS 34.810 Additional reasons for dismissal of petition. 1. The court shall dismiss a petition that challenges the validity of a judgment of conviction or sentence if the court determines that: (a) The petitioner’s conviction was upon a plea of guilty or guilty but mentally ill a…

NRS 34.820 Procedure in cases where petitioner has been sentenced to death. 1. If a petitioner has been sentenced to death and the petition is the first one challenging the validity of the petitioner’s judgment of conviction or sentence, the court shall: (a) Appoint counsel to re…

NRS 34.830 Contents and notice of order finally disposing of petition. 1. Any order that finally disposes of a petition, whether or not an evidentiary hearing was held, must contain specific findings of fact and conclusions of law supporting the decision of the court. 2. A copy o…

NRS 34.900 Definitions. As used in NRS 34.900 to 34.990, inclusive, unless the context otherwise requires, the words and terms defined in NRS 34.910, 34.920 and 34.930 have the meanings ascribed to them in those sections. (Added to NRS by 2019, 2976)

NRS 34.910 “Bona fide issue of factual innocence” defined. “Bona fide issue of factual innocence” means that newly discovered evidence presented by the petitioner, if credible, would clearly establish the factual innocence of the petitioner. (Added to NRS by 2019, 2977)

NRS 34.920 “Factual innocence” defined. “Factual innocence” means that a person did not: 1. Engage in the conduct for which he or she was convicted; 2. Engage in conduct constituting a lesser included or inchoate offense of the crime for which he or she was convicted; 3. Commit a…

NRS 34.930 “Newly discovered evidence” defined. “Newly discovered evidence” means evidence that was not available to a petitioner at trial or during the resolution by the trial court of any motion to withdraw a guilty plea or motion for new trial and which is material to the dete…

NRS 34.940 Determination of when evidence is “material.” For the purposes of NRS 34.900 to 34.990, inclusive, evidence is “material” if the evidence establishes a reasonable probability of a different outcome. (Added to NRS by 2019, 2977)

NRS 34.950 Claim of factual innocence is separate from state habeas claim. Any claim of factual innocence that is made pursuant to NRS 34.900 to 34.990, inclusive, is separate from any state habeas claim that alleges a fundamental miscarriage of justice to excuse procedural or ti…

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. 1. At any time aft…

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. 1.…

NRS 34.980 Appointment of counsel. If the court grants a hearing on the petition pursuant to NRS 34.970, the court may, after determining whether the petitioner is indigent pursuant to NRS 171.188 and whether counsel was appointed in the case which resulted in the conviction, app…

NRS 34.990 Notice to victim. After a petition is filed pursuant to NRS 34.960, if any victim of the crime for which the petitioner was convicted has indicated a desire to be notified regarding any postconviction proceedings, the prosecuting agency shall make reasonable efforts to…