Title 3

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…

NRS 34.530 Writ for purposes of bail. Any person who is imprisoned or detained in custody on any criminal charge before conviction for want of bail may file a petition for a writ of habeas corpus for the purpose of giving bail, upon averring that fact in the person’s petition, wi…

NRS 34.540 Bail in habeas corpus proceedings. Any Supreme Court justice, judge of the Court of Appeals or judge, before whom any person who has been committed on a criminal charge before conviction is brought on a writ of habeas corpus, if that person is bailable, may take a reco…

NRS 34.550 Judge to remand to custody if party not entitled to discharge or is not bailed. If a party brought before the judge on the return of the writ is not entitled to discharge, and is not bailed where such bail is allowable, the judge shall remand the party to custody or pl…

NRS 34.560 Judge may order change of custody; enforcement of commitment order stayed; appeal. 1. In cases where any party is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such party, the judge may order such party to be co…

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]