Title 3

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…

NRS 35.010 Action in name of State against public officer, association or usurper of public office or franchise. A civil action may be brought in the name of the State: 1. Against a person who usurps, intrudes into, or unlawfully holds or exercises, a public office, civil or mili…

NRS 35.020 Action in name of State against corporation. A like action may be brought against a corporation: 1. When it has offended against a provision of an act by or under which it was created, altered or renewed, or any act altering or amending such acts. 2. When it has forfei…

NRS 35.030 Attorney General to begin action. The Attorney General, when directed by the Governor, shall commence any such action; and when, upon complaint or otherwise, the Attorney General has good reason to believe that any case specified in NRS 35.020 can be established by pro…

NRS 35.040 Action brought on relation of another; security for costs. Such officer may, upon the officer’s own relation, bring any such action, or the officer may, on the leave of the court, or a judge thereof, bring the action upon the relation of another person; and, if the act…

NRS 35.050 Action for usurpation by claimant in name of State; bond. A person claiming to be entitled to a public office, except the office of Assemblyman, Assemblywoman or State Senator, unlawfully held and exercised by another may, by himself or herself or by an attorney and co…

NRS 35.060 Name of person entitled to office set forth in complaint; judgment may determine rights of both incumbent and claimant. When the action is against a person for usurping, intruding into or unlawfully holding or exercising an office, the complaint shall set forth the nam…

NRS 35.070 All claimants to same office made defendants. All persons who claim to be entitled to the same office or franchise may be made defendants in the same action to try their respective rights to such office or franchise. [1911 CPA § 720; RL § 5662; NCL § 9209]

NRS 35.080 Jurisdiction in appellate or district court. An action under this chapter can be brought in the Supreme Court, the Court of Appeals or the district court of the proper county. [1911 CPA § 721; RL § 5663; NCL § 9210]—(NRS A 2013, 1743)

NRS 35.090 Application to file complaint; notice to defendant; hearing. Upon application for leave to file a complaint, the court or judge may, in its discretion, direct notice thereof to be given to the defendant previous to granting such leave, and may hear the defendant in opp…

NRS 35.100 Issuance of summons; when unnecessary. When the complaint is filed without leave and notice, or upon leave and notice in case all the defendants do not appear, a summons shall issue and be served as in other cases. When all the defendants appear to oppose the filing of…

NRS 35.110 Pleadings. The pleadings shall be as in other cases. [1911 CPA § 724; RL § 5666; NCL § 9213]

NRS 35.120 Judgment of ouster; relator to recover costs; delivery of books by defendant; violation by corporation. 1. When a defendant is found guilty of usurping, intruding into or unlawfully holding or exercising an office, franchise or privilege, judgment shall be rendered tha…

NRS 35.130 Judgment ousting director of corporation. When the action is against a director of a corporation and the court finds that at the director’s election, either illegal votes were received or legal votes were rejected, or both, sufficient to change the result, judgment may…

NRS 35.140 Action for damages within 1 year. Such person may, at any time within 1 year after the date of such judgment, bring an action against the person ousted and recover the damages the person sustained by reason of such usurpation. [1911 CPA § 727; RL § 5669; NCL § 9216]

NRS 35.150 Judgment against corporation; dissolution or restraint. When, in any such action, it is found and adjudged that a corporation has, by an act done or omitted, surrendered or forfeited its corporate rights, privileges or franchises, or has not used the same during a term…