reglab/housing_qa huggingface dataset:
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 January 1, 2020.]

  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:  (a) The district court for the county in which the petitioner is incarcerated; or  (b) The First Judicial District Court in and for Carson City, if the petitioner is incarcerated outside this State while serving a term of imprisonment imposed by a court of this State.  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; 2019, 3009, effective January 1, 2020)
NV Rev Stat § 34.740 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 justice to whom it is assigned.  (Added to NRS by 1985, 1229; A 1991, 85; 2013, 1741)
NV Rev Stat § 34.750 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|NRS 34.750 - Appointment of counsel for indigents; 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 court is satisfied that the allegation of indigency is true and the petition is not dismissed summarily, the court may appoint counsel to represent the petitioner. In making its determination, the court may consider, among other things, the severity of the consequences facing the petitioner and whether:  (a) The issues presented are difficult;  (b) The petitioner is unable to comprehend the proceedings; or  (c) Counsel is necessary to proceed with discovery.  2. If the court determines that the petitioner is unable to pay all necessary costs and expenses incident to the proceedings of the trial court and the reviewing court, including court costs, stenographic services, printing and reasonable compensation for legal services, all costs must be paid from money appropriated to the office of the State Public Defender for that purpose. After appropriations for that purpose are exhausted, money must be allocated to the office of the State Public Defender from the Reserve for Statutory Contingency Account for the payment of the costs, expenses and compensation.  3. After appointment by the court, counsel for the petitioner may file and serve supplemental pleadings, exhibits, transcripts and documents within 30 days after:  (a) The date the court orders the filing of an answer and a return; or  (b) The date of counsel’s appointment,  whichever is later. If it has not previously been filed, the answer by the respondent must be filed within 15 days after receipt of the supplemental pleadings and include any response to the supplemental pleadings.  4. The petitioner shall respond within 15 days after service to a motion by the State to dismiss the action.  5. No further pleadings may be filed except as ordered by the court.  (Added to NRS by 1985, 1230; A 1987, 1218; 1991, 85, 1751, 1824)
NV Rev Stat § 34.760 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|NRS 34.760 - Contents of respondent’s answer; supplemental material.

  1. The answer must state whether the petitioner has previously applied for relief from the petitioner’s conviction or sentence in any proceeding in a state or federal court, including a direct appeal or a petition for a writ of habeas corpus or other postconviction relief.  2. The answer must indicate what transcripts of pretrial, trial, sentencing and postconviction proceedings are available, when these transcripts can be furnished and what proceedings have been recorded and not transcribed. The respondent shall attach to the answer any portions of the transcripts, except those in the court’s file, which the respondent deems relevant. The court on its own motion or upon request of the petitioner may order additional portions of existing transcripts to be furnished or certain portions of the proceedings which were not transcribed to be transcribed and furnished. If a transcript is not available or procurable, the court may require a narrative summary of the evidence to be submitted.  3. If the petitioner appealed from the judgment of conviction or any adverse judgment or order in a prior petition for a writ of habeas corpus or postconviction relief, a copy of the petitioner’s brief on appeal and any opinion of the appellate court must be filed by the respondent with the answer.  (Added to NRS by 1985, 1230; A 1991, 86)
NV Rev Stat § 34.770 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 return, answer and all supporting documents which are filed, shall determine whether an evidentiary hearing is required. A petitioner must not be discharged or committed to the custody of a person other than the respondent unless an evidentiary hearing is held.  2. If the judge or justice determines that the petitioner is not entitled to relief and an evidentiary hearing is not required, the judge or justice shall dismiss the petition without a hearing.  3. If the judge or justice determines that an evidentiary hearing is required, the judge or justice shall grant the writ and shall set a date for the hearing.  (Added to NRS by 1985, 1230; A 1991, 86)
NV Rev Stat § 34.780 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 has been granted and a date set for the hearing, a party may invoke any method of discovery available under the Nevada Rules of Civil Procedure if, and to the extent that, the judge or justice for good cause shown grants leave to do so.  3. A request for discovery which is available under the Nevada Rules of Civil Procedure must be accompanied by a statement of the interrogatories or requests for admission and a list of any documents sought to be produced.  (Added to NRS by 1985, 1231; A 1987, 1219; 1991, 87)
NV Rev Stat § 34.790 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 determination of the merits of the petition.  2. The expanded record may include, without limitation, letters which predate the filing of the petition in the district court, documents, exhibits and answers under oath to written interrogatories propounded by the judge. Affidavits may be submitted and considered as a part of the record.  3. In any case in which the record is expanded, copies of proposed letters, documents, exhibits and affidavits must be submitted to the party against whom they are to be offered, and the party must be afforded an opportunity to admit or deny their correctness.  4. The court must require the authentication of any material submitted pursuant to subsection 2 or 3.  (Added to NRS by 1985, 1231)
NV Rev Stat § 34.800 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 which the petitioner could not have had knowledge by the exercise of reasonable diligence before the circumstances prejudicial to the State occurred; or  (b) Prejudices the State of Nevada in its ability to conduct a retrial of the petitioner, unless the petitioner demonstrates that a fundamental miscarriage of justice has occurred in the proceedings resulting in the judgment of conviction or sentence.  2. A period exceeding 5 years between the filing of a judgment of conviction, an order imposing a sentence of imprisonment or a decision on direct appeal of a judgment of conviction and the filing of a petition challenging the validity of a judgment of conviction creates a rebuttable presumption of prejudice to the State. In a motion to dismiss the petition based on that prejudice, the respondent or the State of Nevada must specifically plead laches. The petitioner must be given an opportunity to respond to the allegations in the pleading before a ruling on the motion is made.  (Added to NRS by 1985, 1231; A 1987, 1219; 1991, 87)
NV Rev Stat § 34.810 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|NRS 34.810 - Additional reasons for dismissal of petition. [Effective through December 31, 2019.]

  1. The court shall dismiss a petition if the court determines that:  (a) The petitioner’s conviction was upon a plea of guilty or guilty but mentally ill and the petition is not based upon an allegation that the plea was involuntarily or unknowingly entered or that the plea was entered without effective assistance of counsel.  (b) The petitioner’s conviction was the result of a trial and the grounds for the petition could have been:  (1) Presented to the trial court;  (2) Raised in a direct appeal or a prior petition for a writ of habeas corpus or postconviction relief; or  (3) Raised in any other proceeding that the petitioner has taken to secure relief from the petitioner’s conviction and sentence,  unless the court finds both cause for the failure to present the grounds and actual prejudice to the petitioner.  2. A second or successive petition must be dismissed if the judge or justice determines that it fails to allege new or different grounds for relief and that the prior determination was on the merits or, if new and different grounds are alleged, the judge or justice finds that the failure of the petitioner to assert those grounds in a prior petition constituted an abuse of the writ.  3. Pursuant to subsections 1 and 2, the petitioner has the burden of pleading and proving specific facts that demonstrate:  (a) Good cause for the petitioner’s failure to present the claim or for presenting the claim again; and  (b) Actual prejudice to the petitioner.  The petitioner shall include in the petition all prior proceedings in which the petitioner challenged the same conviction or sentence.  4. The court may dismiss a petition that fails to include any prior proceedings of which the court has knowledge through the record of the court or through the pleadings submitted by the respondent.  (Added to NRS by 1985, 1232; A 1989, 457; 1995, 2465; 2003, 1478; 2007, 1435)
NV Rev Stat § 34.810 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|NRS 34.810 - Additional reasons for dismissal of petition. [Effective January 1, 2020.]

  1. The court shall dismiss a petition if the court determines that:  (a) The petitioner’s conviction was upon a plea of guilty or guilty but mentally ill and the petition is not based upon an allegation that the plea was involuntarily or unknowingly entered or that the plea was entered without effective assistance of counsel.  (b) The petitioner’s conviction was the result of a trial and the grounds for the petition could have been:  (1) Presented to the trial court;  (2) Raised in a direct appeal or a prior petition for a writ of habeas corpus or postconviction relief; or  (3) Raised in any other proceeding that the petitioner has taken to secure relief from the petitioner’s conviction and sentence,  unless the court finds both cause for the failure to present the grounds and actual prejudice to the petitioner.  2. A second or successive petition must be dismissed if the judge or justice determines that it fails to allege new or different grounds for relief and that the prior determination was on the merits or, if new and different grounds are alleged, the judge or justice finds that the failure of the petitioner to assert those grounds in a prior petition constituted an abuse of the writ.  3. Pursuant to subsections 1 and 2, the petitioner has the burden of pleading and proving specific facts that demonstrate:  (a) Good cause for the petitioner’s failure to present the claim or for presenting the claim again; and  (b) Actual prejudice to the petitioner.  The petitioner shall include in the petition all prior proceedings in which the petitioner challenged the same conviction or sentence.  4. The court shall dismiss a petition without prejudice if:  (a) The petition challenges the computation of time that the petitioner has served pursuant to a judgment of conviction; and  (b) The court determines that the petitioner did not exhaust all available administrative remedies to resolve such a challenge as required by NRS 34.724.  5. The court may dismiss a petition that fails to include any prior proceedings of which the court has knowledge through the record of the court or through the pleadings submitted by the respondent.  (Added to NRS by 1985, 1232; A 1989, 457; 1995, 2465; 2003, 1478; 2007, 1435; 2019, 3009, effective January 1, 2020)
NV Rev Stat § 34.820 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 conviction or sentence, the court shall:  (a) Appoint counsel to represent the petitioner; and  (b) Stay execution of the judgment pending disposition of the petition and the appeal.  2. The petition must include the date upon which execution is scheduled, if it has been scheduled. The petitioner is not entitled to an evidentiary hearing unless the petition states that:  (a) Each issue of fact to be considered at the hearing has not been determined in any prior evidentiary hearing in a state or federal court; or  (b) For each issue of fact which has been determined in a prior evidentiary hearing, the hearing was not a full and fair consideration of the issue. The petition must specify all respects in which the hearing was inadequate.  3. If the petitioner has previously filed a petition for relief or for a stay of the execution in the same court, the petition must be assigned to the judge or justice who considered the previous matter.  4. The court shall inform the petitioner and the petitioner’s counsel that all claims which challenge the conviction or imposition of the sentence must be joined in a single petition and that any matter not included in the petition will not be considered in a subsequent proceeding.  5. If relief is granted or the execution is stayed, the clerk shall forthwith notify the respondent, the Attorney General and the district attorney of the county in which the petitioner was convicted.  6. If a district judge conducts an evidentiary hearing, a daily transcript must be prepared for the purpose of appellate review.  7. The judge or justice who considers a petition filed by a petitioner who has been sentenced to death shall make all reasonable efforts to expedite the matter and shall render a decision within 60 days after submission of the matter for decision.  (Added to NRS by 1985, 1232; A 1987, 1219; 1991, 87)
NV Rev Stat § 34.830 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 of any decision or order discharging the petitioner from the custody or restraint under which the petitioner is held, committing the petitioner to the custody of another person, dismissing the petition or denying the requested relief must be served by the clerk of the court upon the petitioner and the petitioner’s counsel, if any, the respondent, the Attorney General and the district attorney of the county in which the petitioner was convicted.  3. Whenever a decision or order described in this section is entered by the district court, the clerk of the court shall prepare a notice in substantially the following form and mail a copy of the notice to each person listed in subsection 2: Case No. .............................................  Dept. No. .............................................  IN THE ....... JUDICIAL DISTRICT COURT OF THE  STATE OF NEVADA IN AND FOR THE COUNTY OF .................. ......................................................................   Petitioner,  v. NOTICE OF ENTRY OF  DECISION OR ORDER ......................................................................   Respondent.  PLEASE TAKE NOTICE that on ..... (month) ..... (day) ..... (year), the court entered a decision or order in this matter, a true and correct copy of which is attached to this notice.  You may appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court from the decision or order of this court. If you wish to appeal, you must file a notice of appeal with the clerk of this court within 33 days after the date this notice is mailed to you. This notice was mailed on ..... (month) ..... (day) ..... (year) Dated ..... (month) ..... (day) ..... (year)  .......................................................   Clerk of court (SEAL) By .................................................   Deputy  (Added to NRS by 1985, 1233; A 1987, 1220; 1991, 88; 2001, 26; 2013, 1743)
NV Rev Stat § 34.900 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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)
NV Rev Stat § 34.910 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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)
NV Rev Stat § 34.920 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 any other crime arising out of or reasonably connected to the facts supporting the indictment or information upon which he or she was convicted; and  4. Commit the conduct charged by the State under any theory of criminal liability alleged in the indictment or information.  (Added to NRS by 2019, 2977)
NV Rev Stat § 34.930 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 determination of the issue of factual innocence, including, without limitation:  1. Evidence that was discovered before or during the applicable period for any direct appeal or postconviction petition for a writ of habeas corpus pursuant to this chapter that served in whole or in part as the basis to vacate or reverse the petitioner’s conviction;  2. Evidence that supports the claims within a postconviction petition for a writ of habeas corpus that is pending at the time of the court’s determination of factual innocence pursuant to NRS 34.900 to 34.990, inclusive; or  3. Relevant forensic scientific evidence, other than the expert opinion of a psychologist, psychiatrist or other mental health professional, that was not available at the time of trial or during the resolution by the trial court of any motion to withdraw a guilty plea or motion for new trial, or that undermines materially forensic scientific evidence presented at trial. Forensic scientific evidence is considered to be undermined if new research or information exists that repudiates the foundational validity of scientific evidence or testimony or the applied validity of a scientific method or technique. As used in this subsection:  (a) "Applied validity" means the reliability of a scientific method or technique in practice.  (b) "Foundational validity" means the reliability of a scientific method to be repeatable, reproducible and accurate in a scientific setting.  (Added to NRS by 2019, 2977)
NV Rev Stat § 34.940 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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)
NV Rev Stat § 34.950 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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 time limitations pursuant to NRS 34.726 or 34.810.  (Added to NRS by 2019, 2977)
NV Rev Stat § 34.980 (2021)
2021 Nevada Revised Statutes|Chapter 34 - Writs; Petition to Establish Factual Innocence|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, appoint counsel for the petitioner.  (Added to NRS by 2019, 2981)