Title 3

NRS 34.040 Writ may be directed to inferior tribunal, board or officer. The writ may be directed to the inferior tribunal, board or officer, or to any other person having the custody of the record or proceedings to be certified. When directed to a tribunal, the clerk, if there be…

NRS 34.050 Court may order return and hearing at any time. The writ of certiorari may, in the discretion of the court or judge issuing the writ, be made returnable and a hearing thereon be had at any time. [Part 1911 CPA § 769; RL § 5711; NCL § 9258]

NRS 34.060 Contents of writ. The writ of review shall command the party to whom it is directed to certify fully to the court before which the writ is returnable, at a specified time and place, and annex to the writ a transcript of the record and proceeding, describing or referrin…

NRS 34.070 Suspension of proceedings in inferior courts. If a stay of proceedings be not intended the words requiring the stay shall be omitted from the writ. These words may be inserted or omitted in the sound discretion of the court or the judge issuing the writ, but if omitted…

NRS 34.080 Service of writ. The writ shall be served in the same manner as a summons in a civil action, except when otherwise expressly directed by the court or judge issuing the writ. [1911 CPA § 747; RL § 5689; NCL § 9236]

NRS 34.090 Extent of review. The review upon this writ shall not be extended further than to determine whether the inferior tribunal, board or officer has regularly pursued the authority of such tribunal, board or officer. [1911 CPA § 748; RL § 5690; NCL § 9237]

NRS 34.100 Perfection of defective return; hearing and judgment. If the return to the writ be defective, the court may order a further return to be made. When a full return has been made, the court shall proceed to hear the parties, or such of them as may attend for that purpose,…

NRS 34.110 Copy of judgment to be transmitted to inferior tribunal, board or officer. A copy of the judgment, signed by the clerk, shall be transmitted to the inferior tribunal, board or officer having the custody of the record or proceeding certified up. [1911 CPA § 750; RL § 56…

NRS 34.120 Judgment roll; appeal from judgment. A copy of the judgment, signed by the clerk, entered upon or attached to the writ and return, shall constitute the judgment roll. If the proceedings be had in any other than the Supreme Court, an appeal may be taken from the judgmen…

NRS 34.130 Rules of practice in certiorari proceedings. Except as otherwise provided in NRS 34.010 to 34.120, inclusive, the provisions of NRS and Nevada Rules of Civil Procedure relative to civil actions in the district court are applicable to and constitute the rules of practic…

NRS 34.140 Procedure in new trials and appeals in certiorari proceedings. The provisions of the Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relative to new trials in, and appeals from, the district court, except so far as they are inconsistent with the…

NRS 34.150 Writ of mandamus denominated writ of mandate. The writ of mandamus may be denominated the writ of mandate. [1911 CPA § 752; RL § 5694; NCL § 9241]

NRS 34.160 Writ may be issued by appellate and district courts; when writ may issue. The writ may be issued by the Supreme Court, the Court of Appeals, a district court or a judge of the district court, to compel the performance of an act which the law especially enjoins as a dut…

NRS 34.170 Writ to issue when no plain, speedy and adequate remedy in law. This writ shall be issued in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It shall be issued upon affidavit, on the application of the party beneficially …

NRS 34.180 Writ may be made returnable; hearing. Except as otherwise provided in NRS 34.185, the writ of mandamus may, in the discretion of the court or judge issuing the writ, be made returnable and a hearing thereon be had at any time. [Part 1911 CPA § 769; RL § 5711; NCL § 925…

NRS 34.185 Application alleging unconstitutional prior restraint; court required to render judgment on application not later than 30 days after application is filed. 1. If the applicant is alleging an unconstitutional prior restraint of the applicant’s rights pursuant to the Firs…

NRS 34.190 Writ must be either alternative or peremptory; substance of writ. 1. The writ shall be either alternative or peremptory. 2. The alternative writ shall state generally the allegation against the party to whom it is directed, and command such party, immediately after the…

NRS 34.200 Issuance of alternative or peremptory writ; notice of application; case heard by court whether adverse party appears or not. When the application to the court or district judge is made without notice to the adverse party, and the writ is allowed, the alternative shall …

NRS 34.210 Adverse party may show cause by answer under oath. On the return day of the alternative, or the day on which the application of the writ is noticed, or such further day as the court or district judge issuing the writ may allow, the party on whom the writ or notice shal…

NRS 34.220 If answer raises essential question of fact, court may order jury trial. If an answer is made, which raises a question as to matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of…

NRS 34.230 Applicant may object to sufficiency of answer or countervail it by proof. On the trial, the applicant shall not be precluded by the answer from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance. [1911…

NRS 34.240 Motion for new trial and new trial. If either party is dissatisfied with the verdict of the jury, the party may, without a statement in support of the motion, move for a new trial upon the minutes of the court for any of the causes or grounds for new trials provided in…

NRS 34.250 Clerk to transmit verdict to court where writ is pending, after which hearing may be had on application for writ. If no notice for a new trial be given or, if given, be denied, the clerk, within 5 days after the rendition of the verdict, or denial of the motion, shall …

NRS 34.260 Court may grant time for reply to answer; hearing by court. If no answer be made, the case shall be heard on the papers of the applicant. If an answer be made which does not raise a question such as is mentioned in NRS 34.220, but only such matters as may be explained …

NRS 34.270 Recovery of damages by applicant; execution may issue to enforce judgment. If judgment be given for the applicant, the applicant shall recover the damages which the applicant shall have sustained as found by the jury, or as may be determined by the court or master, upo…

NRS 34.280 Service of writ. 1. The writ shall be served in the same manner as a summons in a civil action, except when otherwise expressly directed by the order of the court or district judge issuing the writ. 2. Service upon a majority of the members of any board or body is serv…

NRS 34.290 Penalties for refusal or neglect to obey writ; state and county officers. 1. When a peremptory mandate has been issued and directed to any inferior tribunal, corporation, board or person, if it appear to the court that any member of such tribunal, corporation or board,…

NRS 34.300 Rules of practice in mandamus proceedings. Except as otherwise provided in NRS 34.150 to 34.290, inclusive, the provisions of NRS and Nevada Rules of Civil Procedure relative to civil actions in the district court are applicable to and constitute the rules of practice …

NRS 34.310 Procedure in new trials and appeals in mandamus proceedings. The provisions of the Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relative to new trials in, and appeals from, the district court, except so far as they are inconsistent with the p…

NRS 34.320 Writ of prohibition defined. The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board or person exercising judicial functions, when such proceedings are without or in excess of the jurisdiction of…

NRS 34.330 Writ may be issued by appellate or district court when no plain, speedy and adequate remedy in law. The writ may be issued only by the Supreme Court, the Court of Appeals or a district court to an inferior tribunal, or to a corporation, board or person, in all cases wh…

NRS 34.340 Writ must be alternative or peremptory; form of writ. 1. The writ must be either alternative or peremptory. 2. The alternative writ must state generally the allegation against the party to whom it is directed and command such party to desist or refrain from further pro…

NRS 34.350 Court may order return and hearing at any time. The writ of prohibition may, in the discretion of the court issuing the writ, be made returnable and a hearing thereon be had at any time. [Part 1911 CPA § 769; RL § 5711; NCL § 9258] HABEAS CORPUS General Provisions

NRS 34.360 Persons who may prosecute writ. Every person unlawfully committed, detained, confined or restrained of his or her liberty, under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint. [1:93:1862; B § 34…

NRS 34.370 Application for writ; verification required; contents; supporting documents. 1. A petition for a writ of habeas corpus 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 …

NRS 34.390 Judge to grant writ without delay; exceptions; effect of writ. 1. Any judge empowered to grant a writ of habeas corpus applied for pursuant to this chapter, if it appears that the writ ought to issue, shall grant the writ without delay, except as otherwise provided in …

NRS 34.400 Contents of writ. The writ must be directed to the person who has the petitioner in custody or under restraint, commanding the person to have the body of the petitioner produced before the district court, Court of Appeals or Supreme Court at a time which the judge or j…

NRS 34.410 Service of writ. 1. If the writ be directed to the sheriff or other ministerial officer, it shall be delivered to such officer without delay by the clerk of the court presided over by the judge issuing the writ. 2. If the writ be directed to any other person, it shall …

NRS 34.420 Proceedings upon disobedience of writ. If the officer or person to whom such writ is directed refuse, after service, to obey the same, the judge shall, upon affidavit, issue an attachment against such person, directed to the sheriff, or, if the sheriff be the defendant…

NRS 34.440 Person served must bring body of person in custody; exceptions. If the writ of habeas corpus be served, the person or officer to whom the same is directed shall also bring the body of the party in the person’s or officer’s custody or under the person’s or officer’s res…

NRS 34.450 Sickness or infirmity of party restrained; hearing may proceed or be adjourned. 1. Whenever, from sickness or infirmity of the party directed to be produced by any writ of habeas corpus, the party cannot, without danger, be brought before the judge, the officer or pers…

NRS 34.470 Answer to return; summary proceeding; attendance of witnesses. 1. The petitioner brought before the judge on the return of the writ may deny or controvert any of the material facts or matters set forth in the return or answer, deny the sufficiency thereof, or allege an…

NRS 34.480 If no legal cause shown, judge shall discharge person from custody. If no legal cause be shown for such imprisonment or restraint, or for the continuation thereof, such judge shall discharge such party from the custody or restraint under which the party is held. [18:93…

NRS 34.500 Grounds for discharge in certain cases. If it appears on the return of the writ of habeas corpus that the petitioner is in custody by virtue of process from any court of this State, or judge or officer thereof, the petitioner may be discharged in any one of the followi…

NRS 34.510 Defect of form in warrant or commitment not ground for discharge. If any person be committed to prison, or be in custody of any officer on any criminal charge, by virtue of any warrant or commitment of a justice of the peace, such person shall not be discharged from su…

NRS 34.520 If charge defectively set forth in process or warrant, judge shall examine witnesses and discharge or recommit person. If it shall appear to the judge, by affidavit, or upon hearing of the matter, or otherwise, or upon the inspection of the process or warrant of commit…