reglab/statecodes huggingface dataset:
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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)
2023 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 agency.
(Added to NRS by 1977, 1350; A 1981, 506; 1985, 1233; 2023, 1618)
2023 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)
2023 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; 2023, 1619)
2023 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 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 NRS 34.724.
(Added to NRS by 1991, 75; A 2023, 1619)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › 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 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 file a petition to obtain relief from the judgment of conviction or sentence or to challenge the computation of time that the person has served. A person must not be required to pay a filing fee to file such a petition.
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 judgment of 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 petition;
(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; 2023, 1619)
2023 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 of conviction 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; 2023, 1620)
2023 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. A petition that challenges:
(a) The computation of time that the petitioner has served pursuant to a judgment of conviction must be titled "Petition for Writ of Habeas Corpus (Computation of Time)" and be in substantially the form set forth in NRS 34.733.
(b) The validity of a judgment of conviction or sentence must be titled "Petition for Writ of Habeas Corpus (Validity of Judgment of Conviction or Sentence)" and be in substantially the form set forth in NRS 34.735.
3. A petition must name as respondent and be served by mail or electronic means upon the officer or other person by whom the petitioner is confined or restrained. A copy of the petition must be served by mail or electronic means upon the Attorney General and, if applicable, any other prosecuting agency.
4. 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 judgment of 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.
5. 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; 2023, 1620)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › 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 petitioner has served pursuant to a judgment of conviction or that challenges the validity of a judgment of conviction may be served by electronic means upon the officer or other person by whom the petitioner is confined or restrained. A copy of the petition may also be served by electronic means upon the Attorney General or any other prosecuting agency.
2. A petition filed with the clerk of the district court for the county in which the conviction occurred pursuant to NRS 34.738 may be filed electronically.
3. A response or answer to a petition filed by a prosecuting agency pursuant to NRS 34.745 may be filed electronically.
4. A decision or order prepared by the court pursuant to NRS 34.830 may be filed electronically. A copy of the decision or order may be served by electronic means upon the petitioner and the petitioner’s counsel. A notice of a decision or order may be electronically delivered to the petitioner by the clerk of the court.
5. The clerk of the court may accept a petition and a response or answer to the petition that is filed electronically. A petition, response or answer that is filed electronically may be converted into a printed document and served upon a respondent or petitioner, as applicable, in the same manner as a petition, response or answer that is not filed electronically.
6. A petition, response, answer, order or decision that is filed electronically shall be deemed to be filed on the date that it is filed electronically if it is filed not later than 11:59 p.m. on that date.
(Added to NRS by 2023, 1612)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › 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 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 a judgment of conviction. 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 a judgment of conviction, 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; 2023, 1627)
2023 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)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › 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 days or a longer period fixed by the judge or justice; or
(b) Take other action that the judge or justice deems appropriate.
2. An order entered pursuant to subsection 1 must be in substantially the following form, with appropriate modifications if the order is entered by a judge of the Court of Appeals or a justice of the Supreme Court:
Case No...................................................
Dept. No..................................................
IN THE .................. JUDICIAL DISTRICT COURT OF THE
STATE OF NEVADA IN AND FOR THE COUNTY OF ..................
......................................................................
Petitioner,
v. ORDER
......................................................................
Respondent.
Petitioner filed a petition for a writ of habeas corpus on ..... (month) ..... (day), ..... (year). The court has reviewed the petition and has determined that a response would assist the court in determining whether petitioner is illegally imprisoned and restrained of petitioner’s liberty. Respondent shall, within 45 days after the date of this order, answer or otherwise respond to the petition in accordance with the provisions of NRS 34.360 to 34.830, inclusive.
Dated ..... (month) ..... (day), ..... (year)
.......................................................
District Judge
A copy of the order must be served on the petitioner or the petitioner’s counsel, the respondent, the Attorney General and, if applicable, any other prosecuting agency.
3. If the petition is a second or successive petition challenging the validity of a judgment of conviction or sentence and if it plainly appears from the face of the petition or an amended petition and documents and exhibits that are annexed to it, or from records of the court that the petitioner is not entitled to relief based on any of the grounds set forth in subsection 3 of NRS 34.810, the judge or justice shall enter an order for its summary dismissal and cause the petitioner to be notified of the entry of the order.
4. If the judge or justice relies on the records of the court in entering an order pursuant to this section, those records must be made a part of the record of the proceeding before entry of the order.
(Added to NRS by 1991, 76; A 1999, 145; 2001, 57; 2013, 1741; 2023, 1628)
2023 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 a response or answer; or
(b) The date of counsel’s appointment,
whichever is later. If it has not previously been filed, the response or 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; 2023, 1629)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › 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) Has the petitioner in custody or under his or her power or restraint at the time of filing the response or answer, set forth with specificity the basis for custody, including, without limitation, the authority and cause of the imprisonment or restraint.
(2) Had the petitioner in custody or under the respondent’s power or restraint but no longer has the petitioner in custody or under the respondent’s power or restraint, state particularly to whom, at what time and place, for what cause and by what authority the transfer took place.
(b) Indicate whether the petitioner has previously applied for relief from the petitioner’s judgment of 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. If a petition challenges the validity of a judgment of conviction or sentence, the response or 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 response or 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 a petition challenges the computation of time that the petitioner has served pursuant to a judgment of conviction, the respondent shall attach a copy of the judgment of conviction to the response or answer.
4. If the petitioner appealed the judgment of conviction or sentence or any adverse judgment or order in a prior petition, a copy of the petitioner’s brief on appeal and any opinion of the appellate court must be filed by the respondent with the response or answer.
(Added to NRS by 1985, 1230; A 1991, 86; 2023, 1630)
2023 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 response or 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; 2023, 1630)
2023 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; 2023, 1630)
2023 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)
2023 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.
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; 2023, 1631)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › 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 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 judgment of conviction and sentence,
unless the court finds both cause for the failure to present the grounds and actual prejudice to the petitioner.
2. The court shall dismiss a petition that challenges the computation of time served pursuant to a judgment of conviction without prejudice if the court determines that the petitioner did not exhaust all available administrative remedies to resolve such a challenge as required by NRS 34.724.
3. 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.
4. Pursuant to subsections 1 and 3, 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 judgment of conviction or sentence.
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; 2023, 1631)
2023 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 judgment of 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 judgment of 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 and the prosecuting agency.
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; 2023, 1632)
2023 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 and the prosecuting agency.
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 or electronically deliver 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; 2023, 1632)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 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)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › 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 provide notice to such a victim that the petition has been filed and that indicates the time and place for any hearing that may be held as a result of the petition and the disposition thereof.
(Added to NRS by 2019, 2981; A 2023, 1636)
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › 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 military, except the office of Assemblyman, Assemblywoman or State Senator, or a franchise, within this state, or an officer in a corporation created by the authority of this state.
2. Against a public officer, civil or military, except the office of Assemblyman, Assemblywoman or State Senator, who does or suffers an act which, by the provisions of law, works a forfeiture of the office.
3. Against an association of persons who act as a corporation within this state without being legally incorporated.
[1911 CPA § 714; RL § 5656; NCL § 9203]—(NRS A 1971, 660)
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › 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 forfeited its privileges and franchises by a nonuser.
3. When it has committed or omitted an act which amounts to a surrender or a forfeiture of its corporate rights, privileges and franchises.
4. When it has misused a franchise or privilege conferred upon it by law, or exercised a franchise or privilege not so conferred.
[1911 CPA § 715; RL § 5657; NCL § 9204]
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › 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 proof, the Attorney General shall commence an action.
[1911 CPA § 716; RL § 5658; NCL § 9205]
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › 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 action be brought under subsection 1 of NRS 35.010, the officer may require security for costs to be given as in other cases.
[1911 CPA § 717; RL § 5659; NCL § 9206]
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › 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 counselor at law, bring an action therefor in the name of the State, as provided in this chapter. On filing the complaint, such person shall enter into an undertaking with two sufficient sureties, to be approved by the judge, or any judge of the court in which the action is brought, conditioned that such person will pay any judgment for costs or damages recovered against the person, and all costs and expenses incurred in the prosecution of the action, which undertaking shall be filed with the clerk of the court.
[1911 CPA § 718; RL § 5660; NCL § 9207]—(NRS A 1971, 660)
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › 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 name of the person who claims to be entitled thereto, with an averment of the person’s right thereto, and judgment may be rendered upon the right of the defendant, and also upon the right of the person so averred to be entitled, or only upon the right of the defendant, as justice requires.
[1911 CPA § 719; RL § 5661; NCL § 9208]
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › 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)
2023 Nevada Revised Statutes › Chapter 35 - Quo Warranto › 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 opposition thereto; and if leave be granted, an entry thereof shall be made on the minutes of the court, or the fact shall be endorsed by the judge on the complaint, which shall then be filed.
[1911 CPA § 722; RL § 5664; NCL § 9211]