reglab/housing_qa huggingface dataset:
NV Rev Stat § 34.575 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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, may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from the order and judgment of the district court, but the appeal must be made within 30 days after service by the court of written notice of entry of the order or judgment.  2. The State of Nevada is an interested party in proceedings for a writ of habeas corpus. If the district court grants the writ and orders the discharge or a change in custody of the petitioner, the district attorney of the county in which the application for the writ was made, or the city attorney of a city which is situated in the county in which the application for the writ was made, or the Attorney General on behalf of the State, may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from the order of the district judge within 30 days after the service by the court of written notice of entry of the order.  3. Whenever an appeal is taken from an order of the district court discharging a petitioner or committing a petitioner to the custody of another person after granting a pretrial petition for habeas corpus based on alleged want of probable cause, or otherwise challenging the court’s right or jurisdiction to proceed to trial of a criminal charge, the clerk of the district court shall forthwith certify and transmit to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, as the record on appeal, the original papers on which the petition was heard in the district court and, if the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court. The district court shall require its court reporter to expedite the preparation of the transcript in preference to any request for a transcript in a civil matter. When the appeal is docketed in the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court, it stands submitted without further briefs or oral argument unless the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court otherwise orders.  (Added to NRS by 1991, 74; A 2013, 1735)
NV Rev Stat § 34.580 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 judge before whom the party is to be brought.  [28:93:1862; B § 376; BH § 3698; C § 3770; RL § 6253; NCL § 11402]
NV Rev Stat § 34.590 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 in the following cases:  1. If the person shall have been discharged from custody on a criminal charge and be afterwards committed for the same offense by legal order or process.  2. If after a discharge for defect of proof, or for any defect of the process, warrant or commitment in a criminal case, the person be again arrested on sufficient proof and committed by legal process for the same offense.  [29:93:1862; B § 377; BH § 3699; C § 3771; RL § 6254; NCL § 11403]
NV Rev Stat § 34.600 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 reason to believe that such person will be carried out of the jurisdiction of such judge before whom the application is made, or will suffer some irreparable injury before compliance with the writ of habeas corpus can be enforced, the judge may cause a warrant to be issued, reciting the facts, and directed to the sheriff or any constable of the county, commanding such officer to take such person thus held in custody, confinement or restraint and forthwith bring him or her before such judge, to be dealt with according to law.  [30:93:1862; B § 378; BH § 3700; C § 3772; RL § 6255; NCL § 11404]
NV Rev Stat § 34.610 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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.  [31:93:1862; B § 379; BH § 3701; C § 3773; RL § 6256; NCL § 11405]
NV Rev Stat § 34.620 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 § 11406]
NV Rev Stat § 34.630 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 thereon had as upon the return to a writ of habeas corpus.  [33:93:1862; B § 381; BH § 3703; C § 3775; RL § 6258; NCL § 11407]
NV Rev Stat § 34.640 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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; B § 382; BH § 3704; C § 3776; RL § 6259; NCL § 11408]
NV Rev Stat § 34.650 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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]
NV Rev Stat § 34.660 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 seal of the court, and shall be served and returned forthwith, unless the judge shall specify a particular time for any such return.  [36:93:1862; B § 384; BH § 3706; C § 3778; RL § 6261; NCL § 11410]
NV Rev Stat § 34.670 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 thereof, the judge, officer or person shall forfeit and pay to the person aggrieved a sum not exceeding $5,000, to be recovered by action in any court of competent jurisdiction.  [37:93:1862; B § 385; BH § 3707; C § 3779; RL § 6262; NCL § 11411]
NV Rev Stat § 34.680 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 chapter, who, with the intent to elude the service of such writ or to avoid the effect thereof, shall transfer such person to the custody of another, or shall place the person under the power or control of another or shall conceal or exchange the place of the person’s confinement or restraint, or shall remove the person without the jurisdiction of such judge, shall be deemed guilty of a gross misdemeanor.  2. Every person who shall knowingly aid or assist in the commission of any offense specified in subsection 1 shall be punished as in subsection 1 mentioned.  [38:93:1862; B § 386; BH § 3708; C § 3780; RL § 6263; NCL § 11412] + [39:93:1862; B § 387; BH § 3709; C § 3781; RL § 6264; NCL § 11413] + [40:93:1862; B § 388; BH § 3710; C § 3782; RL § 6265; NCL § 11414] — (NRS A 1967, 528)
NV Rev Stat § 34.700 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 to the trial of a criminal charge may not be considered unless:  (a) The petition and all supporting documents are filed within 21 days after the first appearance of the accused in the district court; and  (b) The petition contains a statement that the accused:  (1) Waives the 60-day limitation for bringing an accused to trial; or  (2) If the petition is not decided within 15 days before the date set for trial, consents that the court may, without notice or hearing, continue the trial indefinitely or to a date designated by the court.  2. The arraignment and entry of a plea by the accused must not be continued to avoid the requirement that a pretrial petition be filed within the period specified in subsection 1.  3. The court may extend, for good cause, the time to file a petition. Good cause shall be deemed to exist if the transcript of the preliminary hearing or of the proceedings before the grand jury is not available within 14 days after the accused’s initial appearance and the court shall grant an ex parte application to extend the time for filing a petition. All other applications may be made only after appropriate notice has been given to the prosecuting attorney.  (Added to NRS by 1977, 1350; A 1981, 506; 1985, 1233)
NV Rev Stat § 34.710 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 trial of a criminal charge unless a petition is filed in accordance with NRS 34.700.  (b) Based on a ground which the petitioner could have included as a ground for relief in any prior petition for habeas corpus or other petition for extraordinary relief.  2. If an application is made to the Court of Appeals for a writ of habeas corpus and the application is entertained by the Court of Appeals, and thereafter denied, the person making the application may not submit thereafter an application to the district judge of the district in which the applicant is held in custody, nor to any other district judge in any other judicial district of the State, premised upon the illegality of the same charge upon which the applicant is held in custody.  3. If an application is made to a justice of the Supreme Court for a writ of habeas corpus and the application is entertained by the justice or the Supreme Court, and thereafter denied, the person making the application may not submit thereafter an application to the Court of Appeals, the district judge of the district in which the applicant is held in custody, nor to any other district judge in any other judicial district of the State, premised upon the illegality of the same charge upon which the applicant is held in custody.  [3:93:1862; A 1953, 257] — (NRS A 1959, 17; 1971, 235; 1973, 502; 1977, 768, 1350, 1352; 1979, 312; 1981, 507; 1985, 1234; 1987, 1216; 1991, 78; 2013, 1735)
NV Rev Stat § 34.720 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 that the petitioner has served pursuant to a judgment of conviction.  (Added to NRS by 1985, 1233; A 1987, 1217; 1991, 79)
NV Rev Stat § 34.722 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|NRS 34.722 - "Petition" defined.

As used in NRS 34.720 to 34.830, inclusive, unless the context otherwise requires, "petition" means a postconviction petition for habeas corpus filed pursuant to NRS 34.724.  (Added to NRS by 1991, 75)
NV Rev Stat § 34.724 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|NRS 34.724 - Persons who may file petition; effect of filing. [Effective through December 31, 2019.]

  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 the United States or the Constitution or laws of this State, or who claims that the time the person has served pursuant to the judgment of conviction has been improperly computed, may, without paying a filing fee, file a postconviction petition for a writ of habeas corpus to obtain relief from the conviction or sentence or to challenge the computation of time that the person has served.  2. Such a petition:  (a) Is not a substitute for and does not affect any remedies which are incident to the proceedings in the trial court or the remedy of direct review of the sentence or conviction.  (b) Comprehends and takes the place of all other common-law, statutory or other remedies which have been available for challenging the validity of the conviction or sentence, and must be used exclusively in place of them.  (c) Is the only remedy available to an incarcerated person to challenge the computation of time that the person has served pursuant to a judgment of conviction.  3. For the purposes of this section, a motion to withdraw a plea of guilty, guilty but mentally ill or nolo contendere pursuant to NRS 176.165 that is made after sentence is imposed or imposition of sentence is suspended is a remedy which is incident to the proceedings in the trial court if:  (a) The person has not filed a prior motion to withdraw the plea and has not filed a prior postconviction petition for a writ of habeas corpus;  (b) The motion is filed within 1 year after the date on which the person was convicted, unless the person pleads specific facts demonstrating that some impediment external to the defense precluded bringing the motion earlier;  (c) At the time the person files the motion to withdraw the plea, the person is not incarcerated for the charge for which the person entered the plea; and  (d) The motion is not barred by the doctrine of laches. A motion filed more than 5 years after the date on which the person was convicted creates a rebuttable presumption of prejudice to the State on the basis of laches.  4. The court shall not appoint counsel to represent a person for the purpose of subsection 3.  (Added to NRS by 1991, 75; A 2017, 370)
NV Rev Stat § 34.724 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|NRS 34.724 - Persons who may file petition; effect of filing. [Effective January 1, 2020.]

  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 the United States or the Constitution or laws of this State, or who, after exhausting all available administrative remedies, claims that the time the person has served pursuant to the judgment of conviction has been improperly computed, may, without paying a filing fee, file a postconviction petition for a writ of habeas corpus to obtain relief from the conviction or sentence or to challenge the computation of time that the person has served.  2. Such a petition:  (a) Is not a substitute for and does not affect any remedies which are incident to the proceedings in the trial court or the remedy of direct review of the sentence or conviction.  (b) Comprehends and takes the place of all other common-law, statutory or other remedies which have been available for challenging the validity of the conviction or sentence, and must be used exclusively in place of them.  (c) Is the only remedy available to an incarcerated person to challenge the computation of time that the person has served pursuant to a judgment of conviction, after all available administrative remedies have been exhausted.  3. For the purposes of this section, a motion to withdraw a plea of guilty, guilty but mentally ill or nolo contendere pursuant to NRS 176.165 that is made after sentence is imposed or imposition of sentence is suspended is a remedy which is incident to the proceedings in the trial court if:  (a) The person has not filed a prior motion to withdraw the plea and has not filed a prior postconviction petition for a writ of habeas corpus;  (b) The motion is filed within 1 year after the date on which the person was convicted, unless the person pleads specific facts demonstrating that some impediment external to the defense precluded bringing the motion earlier;  (c) At the time the person files the motion to withdraw the plea, the person is not incarcerated for the charge for which the person entered the plea; and  (d) The motion is not barred by the doctrine of laches. A motion filed more than 5 years after the date on which the person was convicted creates a rebuttable presumption of prejudice to the State on the basis of laches.  4. The court shall not appoint counsel to represent a person for the purpose of subsection 3.  (Added to NRS by 1991, 75; A 2017, 370; 2019, 3008, effective January 1, 2020)
NV Rev Stat § 34.726 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 or sentence must be filed within 1 year after entry of the judgment of conviction or, if an appeal has been taken from the judgment, within 1 year after the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution issues its remittitur. For the purposes of this subsection, good cause for delay exists if the petitioner demonstrates to the satisfaction of the court:  (a) That the delay is not the fault of the petitioner; and  (b) That dismissal of the petition as untimely will unduly prejudice the petitioner.  2. The execution of a sentence must not be stayed for the period provided in subsection 1 solely because a petition may be filed within that period. A stay of sentence must not be granted unless:  (a) A petition is actually filed; and  (b) The petitioner establishes a compelling basis for the stay.  (Added to NRS by 1991, 75; A 2013, 1736)
NV Rev Stat § 34.730 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 counsel to commence the action.  2. The petition must be titled "Petition for Writ of Habeas Corpus (Postconviction)" and be in substantially the form set forth in NRS 34.735. The petition must name as respondent and be served by mail upon the officer or other person by whom the petitioner is confined or restrained. A copy of the petition must be served by mail upon:  (a) The Attorney General; and  (b) In the case of a petition challenging the validity of a judgment of conviction or sentence, the district attorney in the county in which the petitioner was convicted.  3. Except as otherwise provided in this subsection, the clerk of the district court shall file a petition as a new action separate and distinct from any original proceeding in which a conviction has been had. If a petition challenges the validity of a conviction or sentence, it must be:  (a) Filed with the record of the original proceeding to which it relates; and  (b) Whenever possible, assigned to the original judge or court.  4. No hearing upon the petition may be set until the requirements of NRS 34.740 to 34.770, inclusive, are satisfied.  (Added to NRS by 1985, 1229; A 1987, 1218; 1991, 79)
NV Rev Stat § 34.738 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|NRS 34.738 - Petition: Filing in appropriate county; limitation on scope. [Effective through December 31, 2019.]

  1. A petition that challenges the validity of a 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 the district court for the county in which the petitioner is incarcerated.  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 that judgment. 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 that judgment, 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.  (Added to NRS by 1991, 76; A 1999, 145)