reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 33 - Injunctions; Protection Orders › NRS 33.630 - Arrest of person who violates order; verification of notice to adverse party.

1. Whether or not a violation of an emergency or extended order occurs in the presence of a law enforcement officer, the officer may arrest and take into custody an adverse party:
(a) With a warrant; or
(b) Without a warrant if the officer has probable cause to believe that:
(1) An order has been issued pursuant to NRS 33.570 or 33.580 against the adverse party;
(2) The adverse party has been served with a copy of the order; and
(3) The adverse party is acting in violation of the order.
2. If a law enforcement officer cannot verify that the adverse party was served with a copy of the application and emergency or extended order, the officer shall:
(a) Inform the adverse party of the specific terms and conditions of the order;
(b) Inform the adverse party that the adverse party has notice of the provisions of the order and that a violation of the order will result in his or her arrest;
(c) Inform the adverse party of the location of the court that issued the original order and the hours during which the adverse party may obtain a copy of the order; and
(d) Inform the adverse party of the date and time set for a hearing on an application for an emergency or extended order, if any.
3. Information concerning the terms and conditions of the emergency or extended order, the date and time of any notice provided to the adverse party and the name and identifying number of the law enforcement officer who gave the notice must be provided in writing to the applicant and noted in the records of the law enforcement agency and the court.
(Added to NRS by 2019, 4175; A 2021, 595)
2023 Nevada Revised Statutes › Chapter 33 - Injunctions; Protection Orders › NRS 33.640 - Expiration, dissolution and renewal of order.

1. The family or household member or law enforcement officer who filed the verified application pursuant to NRS 33.560 or the adverse party may request in writing to appear and move for the dissolution of an emergency or extended order. Upon a finding by clear and convincing evidence that the adverse party no longer poses a risk of causing a self-inflicted injury or a personal injury to another person by possessing, controlling, purchasing or otherwise acquiring any firearm, the court shall dissolve the order. If all parties stipulate to dissolve the order, the court shall dissolve the order upon a finding of good cause.
2. Upon the expiration or dissolution of an emergency or extended order, the court shall:
(a) Order the return of any firearm surrendered by the adverse party;
(b) Provide a copy of the order to:
(1) The adverse party; and
(2) The law enforcement agency holding any such surrendered firearm; and
(c) Cause, on a form prescribed by the Department of Public Safety, a record of the expiration or dissolution of the order to be transmitted to the Central Repository for Nevada Records of Criminal History to ensure that information concerning the adverse party is removed from the Central Repository.
3. Not less than 3 months before the expiration of an extended order and upon petition by a family or household member or law enforcement officer, the court may, after notice and a hearing, renew an extended order upon a finding by clear and convincing evidence. Such an order expires within a period, not to exceed 1 year, as the court fixes.
(Added to NRS by 2019, 4176; A 2021, 595)
2023 Nevada Revised Statutes › Chapter 33 - Injunctions; Protection Orders › NRS 33.650 - Duty to transmit information concerning order to Central Repository and copy of order to Attorney General; petition by adverse party to declare basis for order no longer exists; actions required if petition granted; rehearing if petition denied; applicable provisions if adverse party is child under age of 18 years.

1. Any time that a court issues an emergency or extended order or renews an extended order and any time that a person serves such an order or receives any information or takes any other action pursuant to NRS 33.500 to 33.670, inclusive, the person shall, by the end of the next business day:
(a) Cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository; and
(b) Transmit a copy of the order to the Attorney General.
2. If the Central Repository for Nevada Records of Criminal History receives any information described in subsection 1, the adverse party may petition the court for an order declaring that the basis for the information transmitted no longer exists.
3. A petition brought pursuant to subsection 2 must be filed in the court which issued the emergency or extended order.
4. The court shall grant the petition and issue the order described in subsection 2 if the court finds that the basis for the emergency or extended order no longer exists.
5. The court, upon granting the petition and entering an order pursuant to this section, shall cause, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History.
6. Within 5 business days after receiving a record of an order transmitted pursuant to subsection 5, the Central Repository for Nevada Records of Criminal History shall take reasonable steps to ensure that the information concerning the adverse party is removed from the Central Repository.
7. If the Central Repository for Nevada Records of Criminal History fails to remove the information as provided in subsection 6, the adverse party may bring an action to compel the removal of the information. If the adverse party prevails in the action, the court may award the adverse party reasonable attorney’s fees and costs incurred in bringing the action.
8. If a petition brought pursuant to subsection 2 is denied, the adverse party may petition for a rehearing not sooner than 2 years after the date of the denial of the petition.
9. If an adverse party to the emergency or extended order is a child under the age of 18 years, the provisions of NRS 62H.035 govern petitions for and the issuance of orders declaring that the basis for an emergency or extended order no longer exists.
(Added to NRS by 2019, 4176; A 2021, 596, 608)
2023 Nevada Revised Statutes › Chapter 33 - Injunctions; Protection Orders › NRS 33.660 - Unlawful to file verified application for order which person knows or has reason to know is false or misleading or with intent to harass adverse party; penalty.

1. A person shall not file a verified application for an emergency or extended order:
(a) Which the person knows or has reason to know is false or misleading; or
(b) With the intent to harass the adverse party.
2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor.
(Added to NRS by 2019, 4177; A 2021, 597)
2023 Nevada Revised Statutes › Chapter 33 - Injunctions; Protection Orders › NRS 33.670 - Penalty for intentional violation of order.

A person who intentionally violates an emergency or extended order is, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order, guilty of a misdemeanor.
(Added to NRS by 2019, 4177; A 2021, 597)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.005 - Prosecuting agency" defined.

As used in this chapter, "prosecuting agency" means:
1. The district attorney of the county in which the judgment of conviction or sentence being challenged in a petition for a writ of habeas corpus was obtained, if the district attorney or a deputy district attorney prosecuted the petitioner in the original proceeding which led to the judgment of conviction or sentence; or
2. The Attorney General, if the Attorney General or a deputy attorney general prosecuted the petitioner in the original proceeding which led to the judgment of conviction or sentence being challenged in a petition for a writ of habeas corpus.
(Added to NRS by 2023, 1612)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.020 - Writ may be granted by appellate and district courts; when writ may issue.

1. This writ may be granted, on application, by the Supreme Court, the Court of Appeals, a district court, or a judge of the district court. When the writ is issued by the district court or a judge of the district court it shall be made returnable before the district court.
2. The writ shall be granted in all cases when an inferior tribunal, board or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board or officer and there is no appeal, nor, in the judgment of the court, any plain, speedy and adequate remedy.
3. In any case prosecuted for the violation of a statute or municipal ordinance wherein an appeal has been taken from a Justice Court or from a municipal court, and wherein the district court has passed upon the constitutionality or validity of such statute or ordinance, the writ shall be granted by 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 upon application of the State or municipality or defendant, for the purpose of reviewing the constitutionality or validity of such statute or ordinance, but in no case shall the defendant be tried again for the same offense.
[1911 CPA § 742; A 1939, 114; 1931 NCL § 9231]—(NRS A 2013, 1733)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.030 - Application for writ made on affidavit; notice to adverse party may be required.

The application shall be made on affidavit by the party beneficially interested, and the court or judge to whom the application is made may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without further notice.
[1911 CPA § 743; RL § 5685; NCL § 9232]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.040 - Writ may be directed to inferior tribunal, board or officer.

The writ may be directed to the inferior tribunal, board or officer, or to any other person having the custody of the record or proceedings to be certified. When directed to a tribunal, the clerk, if there be one, shall return the writ with the transcript required.
[1911 CPA § 744; RL § 5686; NCL § 9233]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.050 - Court may order return and hearing at any time.

The writ of certiorari may, in the discretion of the court or judge issuing the writ, be made returnable and a hearing thereon be had at any time.
[Part 1911 CPA § 769; RL § 5711; NCL § 9258]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.060 - Contents of writ.

The writ of review shall command the party to whom it is directed to certify fully to the court before which the writ is returnable, at a specified time and place, and annex to the writ a transcript of the record and proceeding, describing or referring to them with convenient certainty, that the same may be reviewed by the court, and requiring the party, in the meantime, to desist from further proceedings in the matter to be reviewed.
[1911 CPA § 745; RL § 5687; NCL § 9234]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.070 - Suspension of proceedings in inferior courts.

If a stay of proceedings be not intended the words requiring the stay shall be omitted from the writ. These words may be inserted or omitted in the sound discretion of the court or the judge issuing the writ, but if omitted, the power of the inferior court or officer shall not be suspended nor the proceedings stayed.
[1911 CPA § 746; RL § 5688; NCL § 9235]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.080 - Service of writ.

The writ shall be served in the same manner as a summons in a civil action, except when otherwise expressly directed by the court or judge issuing the writ.
[1911 CPA § 747; RL § 5689; NCL § 9236]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.090 - Extent of review.

The review upon this writ shall not be extended further than to determine whether the inferior tribunal, board or officer has regularly pursued the authority of such tribunal, board or officer.
[1911 CPA § 748; RL § 5690; NCL § 9237]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.100 - Perfection of defective return; hearing and judgment.

If the return to the writ be defective, the court may order a further return to be made. When a full return has been made, the court shall proceed to hear the parties, or such of them as may attend for that purpose, and may thereupon give judgment, either affirming or annulling or modifying the proceedings below.
[1911 CPA § 749; RL § 5691; NCL § 9238]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.110 - Copy of judgment to be transmitted to inferior tribunal, board or officer.

A copy of the judgment, signed by the clerk, shall be transmitted to the inferior tribunal, board or officer having the custody of the record or proceeding certified up.
[1911 CPA § 750; RL § 5692; NCL § 9239]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.120 - Judgment roll; appeal from judgment.

A copy of the judgment, signed by the clerk, entered upon or attached to the writ and return, shall constitute the judgment roll. If the proceedings be had in any other than the Supreme Court, an appeal may be taken from the judgment in the same manner and upon the same terms as from a judgment in a civil action.
[1911 CPA § 751; RL § 5693; NCL § 9240]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.130 - Rules of practice in certiorari proceedings.

Except as otherwise provided in NRS 34.010 to 34.120, inclusive, the provisions of NRS and Nevada Rules of Civil Procedure relative to civil actions in the district court are applicable to and constitute the rules of practice in the proceedings mentioned in NRS 34.010 to 34.120, inclusive.
[Part 1911 CPA § 770; RL § 5712; NCL § 9259]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.140 - Procedure in new trials and appeals in certiorari proceedings.

The provisions of the Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relative to new trials in, and appeals from, the district court, except so far as they are inconsistent with the provisions of NRS 34.010 to 34.120, inclusive, apply to the proceedings mentioned in NRS 34.010 to 34.120, inclusive.
[Part 1911 CPA § 771; RL § 5713; NCL § 9260]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.160 - Writ may be issued by appellate and district courts; when writ may issue.

The writ may be issued by the Supreme Court, the Court of Appeals, a district court or a judge of the district court, to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station; or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled and from which the party is unlawfully precluded by such inferior tribunal, corporation, board or person. When issued by a district court or a judge of the district court it shall be made returnable before the district court.
[1911 CPA § 753; RL § 5695; NCL § 9242]—(NRS A 2013, 1734)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.170 - Writ to issue when no plain, speedy and adequate remedy in law.

This writ shall be issued in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It shall be issued upon affidavit, on the application of the party beneficially interested.
[1911 CPA § 754; RL § 5696; NCL § 9243]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.180 - Writ may be made returnable; hearing.

Except as otherwise provided in NRS 34.185, the writ of mandamus may, in the discretion of the court or judge issuing the writ, be made returnable and a hearing thereon be had at any time.
[Part 1911 CPA § 769; RL § 5711; NCL § 9258]—(NRS A 1999, 176)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.185 - Application alleging unconstitutional prior restraint; court required to render judgment on application not later than 30 days after application is filed.

1. If the applicant is alleging an unconstitutional prior restraint of the applicant’s rights pursuant to the First Amendment to the Constitution of the United States or Section 9 of Article 1 of the Constitution of the State of Nevada, the applicant shall insert the words "First Amendment Petition" in the caption of the application for the writ in at least 10-point type.
2. The court shall render judgment on an application for a writ described in subsection 1 not later than 30 days after the date on which the application for the writ is filed.
(Added to NRS by 1999, 176)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.190 - Writ must be either alternative or peremptory; substance of writ.

1. The writ shall be either alternative or peremptory.
2. The alternative writ shall state generally the allegation against the party to whom it is directed, and command such party, immediately after the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court, at a specified time and place, why the party has not done so.
3. The peremptory writ shall be in a form similar to the alternative writ, except that the words requiring the party to show cause why the party has not done as commanded shall be omitted, and a return day shall be inserted.
[1911 CPA § 755; RL § 5697; NCL § 9244]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.200 - Issuance of alternative or peremptory writ; notice of application; case heard by court whether adverse party appears or not.

When the application to the court or district judge is made without notice to the adverse party, and the writ is allowed, the alternative shall be first issued; but if the application be upon due notice, and the writ is allowed, the peremptory may be issued in the first instance. The notice of the application, when given, shall be at least 10 days. The writ shall not be granted by default. The case shall be heard by the court, whether the adverse party appear or not.
[1911 CPA § 756; RL § 5698; NCL § 9245]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.210 - Adverse party may show cause by answer under oath.

On the return day of the alternative, or the day on which the application of the writ is noticed, or such further day as the court or district judge issuing the writ may allow, the party on whom the writ or notice shall have been served may show cause by answer under oath, made in the same manner as an answer to a complaint in a civil action.
[1911 CPA § 757; RL § 5699; NCL § 9246]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.220 - If answer raises essential question of fact, court may order jury trial.

If an answer is made, which raises a question as to matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of the allegation of which the application for a writ is based, the court may, in its discretion, order the question to be tried before a jury, and postpone the argument until such trial can be had and the verdict certified to the court. The question to be tried shall be distinctly stated in the order for trial, and the county shall be designated in which the same shall be had. The order may also direct the jury to assess any damages which the applicant may have sustained, in case they find for the applicant.
[1911 CPA § 758; RL § 5700; NCL § 9247]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.230 - Applicant may object to sufficiency of answer or countervail it by proof.

On the trial, the applicant shall not be precluded by the answer from any valid objection to its sufficiency, and may countervail it by proof either in direct denial or by way of avoidance.
[1911 CPA § 759; RL § 5701; NCL § 9248]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.240 - Motion for new trial and new trial.

If either party is dissatisfied with the verdict of the jury, the party may, without a statement in support of the motion, move for a new trial upon the minutes of the court for any of the causes or grounds for new trials provided in Nevada Rules of Civil Procedure. The motion for a new trial may, upon reasonable notice, be brought on before the judge of the court in which the cause was tried. If a new trial is granted, the jury shall, within 5 days thereafter, unless the parties agree on a longer time, be summoned to try the issue. After a second verdict in favor of the same party, a new trial shall not be had.
[1911 CPA § 760; RL § 5702; NCL § 9249]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.250 - Clerk to transmit verdict to court where writ is pending, after which hearing may be had on application for writ.

If no notice for a new trial be given or, if given, be denied, the clerk, within 5 days after the rendition of the verdict, or denial of the motion, shall transmit to the court in which the application for the writ is pending, a certified copy of the verdict attached to the order of trial; after which either party may bring on the argument of the application, upon reasonable notice to the adverse party.
[1911 CPA § 761; RL § 5703; NCL § 9250]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.260 - Court may grant time for reply to answer; hearing by court.

If no answer be made, the case shall be heard on the papers of the applicant. If an answer be made which does not raise a question such as is mentioned in NRS 34.220, but only such matters as may be explained or avoided by a reply, the court may, in its discretion, grant time for replying. If the answer, or answer and reply, raise only questions of law or put in issue immaterial statements not affecting the substantial rights of the parties, the court shall proceed to hear or fix a day for hearing the argument of the case.
[1911 CPA § 762; RL § 5704; NCL § 9251]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.270 - Recovery of damages by applicant; execution may issue to enforce judgment.

If judgment be given for the applicant, the applicant shall recover the damages which the applicant shall have sustained as found by the jury, or as may be determined by the court or master, upon a reference to be ordered, together with costs; and for such damages and costs an execution may issue, and a peremptory mandate shall also be awarded without delay.
[1911 CPA § 763; RL § 5705; NCL § 9252]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.280 - Service of writ.

1. The writ shall be served in the same manner as a summons in a civil action, except when otherwise expressly directed by the order of the court or district judge issuing the writ.
2. Service upon a majority of the members of any board or body is service upon the board or body, whether at the time of the service the board or body was in session or not.
[1911 CPA § 764; RL § 5706; NCL § 9253] + [Part 1911 CPA § 765; RL § 5707; NCL § 9254]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.290 - Penalties for refusal or neglect to obey writ; state and county officers.

1. When a peremptory mandate has been issued and directed to any inferior tribunal, corporation, board or person, if it appear to the court that any member of such tribunal, corporation or board, or such person, upon whom the writ has been personally served, has, without just excuse, refused or neglected to obey the same, the court may, after notice and hearing, adjudge the party guilty of contempt and upon motion impose a fine not exceeding $1,000.
2. In case of persistence in a refusal of obedience, the court may order the party to be imprisoned for a period not exceeding 3 months and may make any orders necessary and proper for the complete enforcement of the writ.
3. If a fine be imposed upon a judge or officer who draws a salary from the State or county, a certified copy of the order shall be forwarded to the State Controller or county treasurer, as the case may be, and the amount thereof may be retained from the salary of such judge or officer. Such judge or officer for such willful disobedience shall also be deemed guilty of a misdemeanor in office.
[Part 1911 CPA § 765; RL § 5707; NCL § 9254]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.300 - Rules of practice in mandamus proceedings.

Except as otherwise provided in NRS 34.150 to 34.290, inclusive, the provisions of NRS and Nevada Rules of Civil Procedure relative to civil actions in the district court are applicable to and constitute the rules of practice in the proceedings mentioned in NRS 34.150 to 34.290, inclusive.
[1911 CPA § 770; RL § 5712; NCL § 9259]—(NRS A 1999, 176)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.310 - Procedure in new trials and appeals in mandamus proceedings.

The provisions of the Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relative to new trials in, and appeals from, the district court, except so far as they are inconsistent with the provisions of NRS 34.150 to 34.290, inclusive, apply to the proceedings mentioned in NRS 34.150 to 34.290, inclusive.
[1911 CPA § 771; RL § 5713; NCL § 9260]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.320 - Writ of prohibition defined.

The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board or person exercising judicial functions, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board or person.
[1911 CPA § 766; RL § 5708; NCL § 9255]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.330 - Writ may be issued by appellate or district court when no plain, speedy and adequate remedy in law.

The writ may be issued only by the Supreme Court, the Court of Appeals or a district court to an inferior tribunal, or to a corporation, board or person, in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It is issued upon affidavit, on the application of the person beneficially interested.
[1911 CPA § 767; RL § 5709; NCL § 9256]—(NRS A 2003, 1409; 2013, 1734)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.340 - Writ must be alternative or peremptory; form of writ.

1. The writ must be either alternative or peremptory.
2. The alternative writ must state generally the allegation against the party to whom it is directed and command such party to desist or refrain from further proceedings in the action or matter specified therein, until the further order of the court from which it is issued, and to show cause before such court, at a specified time and place, why such party should not be absolutely restrained from any further proceedings in such action or matter.
3. The peremptory writ must be in a form similar to the alternative writ, except that the words requiring the party to show cause why the party should not be absolutely restrained from any further proceedings in such action or matter, must be omitted and a return day inserted.
[1911 CPA § 768; RL § 5710; NCL § 9257]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.350 - Court may order return and hearing at any time.

The writ of prohibition may, in the discretion of the court issuing the writ, be made returnable and a hearing thereon be had at any time.
[Part 1911 CPA § 769; RL § 5711; NCL § 9258]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.360 - Persons who may prosecute writ.

Every person unlawfully committed, detained, confined or restrained of his or her liberty, under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint.
[1:93:1862; B § 349; BH § 3671; C § 3744; RL § 6226; NCL § 11375]—(NRS A 1967, 1469; 1969, 106)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.370 - Application for writ; verification required; contents; supporting documents.

1. A petition for a writ of habeas corpus must be verified by the petitioner or the petitioner’s counsel. If the petition is verified by counsel, counsel shall also verify that the petitioner personally authorized counsel to commence the action.
2. A verified petition for issuance of a writ of habeas corpus must specify that the petitioner is imprisoned or restrained of the petitioner’s liberty, the officer or other person by whom the petitioner is confined or restrained, and the place where the petitioner is confined, naming all the parties if they are known, or describing them if they are not known.
3. If the petitioner claims that the imprisonment is illegal, the petitioner must state facts which show that the restraint or detention is illegal.
4. If the petition requests relief from a judgment of conviction or sentence in a criminal case, the petition must identify the proceedings in which the petitioner was convicted, give the date of entry of the final judgment and set forth which constitutional rights of the petitioner were violated and the acts constituting violations of those rights. Affidavits, records or other evidence supporting the allegations in the petition must be attached unless the petition recites the cause for failure to attach these materials. The petition must identify any previous proceeding in state or federal court initiated by the petitioner to secure relief from the petitioner’s judgment of conviction or sentence. Argument, citations and other supporting documents are unnecessary.
[2:93:1862; B § 350; BH § 3672; C § 3745; RL § 6227; NCL § 11376]—(NRS A 1985, 1233; 1987, 1215; 2023, 1618)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.390 - Judge to grant writ without delay; exceptions; effect of writ.

1. Any judge empowered to grant a writ of habeas corpus applied for pursuant to this chapter, if it appears that the writ ought to issue, shall grant the writ without delay, except as otherwise provided in NRS 34.720 to 34.830, inclusive.
2. A writ of habeas corpus does not entitle a petitioner to be discharged from the custody or restraint under which the petitioner is held. The writ requires only the production of the petitioner to determine the legality of the petitioner’s custody or restraint.
[4:93:1862; B § 352; BH § 3674; C § 3746 1/2; RL § 6229; NCL § 11378]—(NRS A 1985, 1235; 1991, 77)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.400 - Contents of writ.

The writ must be directed to the person who has the petitioner in custody or under restraint, commanding the person to have the body of the petitioner produced before the district court, Court of Appeals or Supreme Court at a time which the judge or justice directs.
[5:93:1862; B § 353; BH § 3675; C § 3747; RL § 6230; NCL § 11379]—(NRS A 1985, 1235; 2013, 1734)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.410 - Service of writ.

1. If the writ be directed to the sheriff or other ministerial officer, it shall be delivered to such officer without delay by the clerk of the court presided over by the judge issuing the writ.
2. If the writ be directed to any other person, it shall be delivered to the sheriff or the sheriff’s deputy, and shall be served by the sheriff or the sheriff’s deputy without delay upon such person by delivering the same to the person.
3. If the officer or person to whom the writ is directed cannot be found, or shall refuse admittance to the officer or person serving or delivering the writ, it may be served or delivered by leaving it at the residence of the officer or person to whom it is directed or by affixing the same on some conspicuous place on the outside of the officer’s or person’s dwelling house, or of the place where the party is confined or under restraint.
4. Service of the writ is made by serving a copy and exhibiting the original, and where posting is required, by posting a copy.
[6:93:1862; B § 354; BH § 3676; C § 3748; RL § 6231; NCL § 11380] + [7:93:1862; B § 355; BH § 3677; C § 3749; RL § 6232; NCL § 11381] + [8:93:1862; B § 356; BH § 3678; C § 3750; RL § 6233; NCL § 11382]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.420 - Proceedings upon disobedience of writ.

If the officer or person to whom such writ is directed refuse, after service, to obey the same, the judge shall, upon affidavit, issue an attachment against such person, directed to the sheriff, or, if the sheriff be the defendant, to an elisor, appointed for the purpose by the judge, commanding the sheriff or elisor forthwith to apprehend such person and bring the person immediately before such judge; and upon being so brought the person shall be committed to the jail of the county until the person makes due return to such writ, or be otherwise legally discharged.
[9:93:1862; B § 357; BH § 3679; C § 3751; RL § 6234; NCL § 11383]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.440 - Person served must bring body of person in custody; exceptions.

If the writ of habeas corpus be served, the person or officer to whom the same is directed shall also bring the body of the party in the person’s or officer’s custody or under the person’s or officer’s restraint, according to the command of the writ, except in the cases specified in NRS 34.450.
[11:93:1862; B § 359; BH § 3681; C § 3753; RL § 6236; NCL § 11385]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.450 - Sickness or infirmity of party restrained; hearing may proceed or be adjourned.

1. Whenever, from sickness or infirmity of the party directed to be produced by any writ of habeas corpus, the party cannot, without danger, be brought before the judge, the officer or person in whose custody or power the party is may state that fact in the officer’s or person’s return to the writ, verifying the same by affidavit.
2. If the judge be satisfied of the truth of such allegation of sickness or infirmity, and the return to the writ is otherwise sufficient, the judge may proceed to decide on such return and to dispose of the matter as if such party had been produced on the writ, or the hearing thereof may be adjourned until such party can be produced.
[12:93:1862; B § 360; BH § 3682; C § 3754; RL § 6237; NCL § 11386] + [13:93:1862; B § 361; BH § 3683; C § 3755; RL § 6238; NCL § 11387]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.470 - Answer to return; summary proceeding; attendance of witnesses.

1. The petitioner brought before the judge on the return of the writ may deny or controvert any of the material facts or matters set forth in the return or answer, deny the sufficiency thereof, or allege any fact to show either that the petitioner’s imprisonment or detention is unlawful or that the petitioner is entitled to discharge.
2. The judge shall thereupon proceed in a summary way to hear such allegation and proof as may be produced against or in favor of such imprisonment or detention, and to dispose of the case as justice may require.
3. The judge may compel the attendance of witnesses by process of subpoena and attachment and perform all other acts necessary to a full and fair hearing and determination of the case.
[15:93:1862; B § 363; BH § 3685; C § 3757; RL § 6240; NCL § 11389] + [16:93:1862; B § 364; BH § 3686; C § 3758; RL § 6241; NCL § 11390] + [17:93:1862; B § 365; BH § 3687; C § 3759; RL § 6242; NCL § 11391]—(NRS A 1985, 1236)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.480 - If no legal cause shown, judge shall discharge person from custody.

If no legal cause be shown for such imprisonment or restraint, or for the continuation thereof, such judge shall discharge such party from the custody or restraint under which the party is held.
[18:93:1862; B § 366; BH § 3688; C § 3760; RL § 6243; NCL § 11392]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.500 - Grounds for discharge in certain cases.

If it appears on the return of the writ of habeas corpus that the petitioner is in custody by virtue of process from any court of this State, or judge or officer thereof, the petitioner may be discharged in any one of the following cases:
1. When the jurisdiction of the court or officer has been exceeded.
2. When the imprisonment was at first lawful, yet by some act, omission or event, which has taken place afterwards, the petitioner has become entitled to be discharged.
3. When the process is defective in some matter of substance required by law, rendering it void.
4. When the process, though proper in form, has been issued in a case not allowed by law.
5. When the person having the custody of the petitioner is not the person allowed by law to detain the petitioner.
6. Where the process is not authorized by any judgment, order or decree of any court, nor by any provision of law.
7. Where the petitioner has been committed or indicted on a criminal charge, including a misdemeanor, except misdemeanor violations of chapters 484A to 484E, inclusive, of NRS or any ordinance adopted by a city or county to regulate traffic, without reasonable or probable cause.
8. Where the petitioner has been committed or indicted on any criminal charge under a statute or ordinance that is unconstitutional, or if constitutional on its face is unconstitutional in its application.
9. Where the court finds that there has been a specific denial of the petitioner’s constitutional rights with respect to the petitioner’s conviction or sentence in a criminal case.
[20:93:1862; B § 368; BH § 3690; C § 3762; RL § 6245; NCL § 11394]—(NRS A 1967, 1469; 1971, 773; 1985, 1236)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.510 - Defect of form in warrant or commitment not ground for discharge.

If any person be committed to prison, or be in custody of any officer on any criminal charge, by virtue of any warrant or commitment of a justice of the peace, such person shall not be discharged from such imprisonment or custody on the ground of any defect of form in such warrant or commitment.
[21:93:1862; B § 369; BH § 3691; C § 3763; RL § 6246; NCL § 11395]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.520 - If charge defectively set forth in process or warrant, judge shall examine witnesses and discharge or recommit person.

If it shall appear to the judge, by affidavit, or upon hearing of the matter, or otherwise, or upon the inspection of the process or warrant of commitment, and such other papers in the proceedings as may be shown to the judge, that the party is guilty of a criminal offense, or ought not to be discharged, the judge, although the charge is defectively or unsubstantially set forth in such process or warrant of commitment, shall cause the complainant, or other necessary witnesses, to be subpoenaed to attend at such time as ordered, to testify before the judge; and upon the examination, the judge shall discharge such prisoner, let the prisoner to bail, if the offense be bailable, or recommit the prisoner to custody, as may be just and legal.
[22:93:1862; B § 370; BH § 3692; C § 3764; RL § 6247; NCL § 11396]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.530 - Writ for purposes of bail.

Any person who is imprisoned or detained in custody on any criminal charge before conviction for want of bail may file a petition for a writ of habeas corpus for the purpose of giving bail, upon averring that fact in the person’s petition, without alleging that the person is illegally confined.
[23:93:1862; B § 371; BH § 3693; C § 3765; RL § 6248; NCL § 11397]—(NRS A 1987, 1216)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.540 - Bail in habeas corpus proceedings.

Any Supreme Court justice, judge of the Court of Appeals or judge, before whom any person who has been committed on a criminal charge before conviction is brought on a writ of habeas corpus, if that person is bailable, may take a recognizance from that person, as in other cases, and shall file the same in the proper court without delay. In no case where the applicant for a writ of habeas corpus has been admitted to bail and failed to appear before the Supreme Court justice, the judge of the Court of Appeals, the judge or presiding judge of the court wherein the bail was fixed may the proceedings for a writ of habeas corpus be dismissed, except upon good cause shown. Upon the failure of that person to appear, the justice, judge of the Court of Appeals, district judge or presiding judge shall cause a bench warrant to be issued and that person arrested and brought before the justice, judge or court as upon contempt.
[24:93:1862; A 1953, 257]—(NRS A 1987, 1216; 2013, 1734)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.550 - Judge to remand to custody if party not entitled to discharge or is not bailed.

If a party brought before the judge on the return of the writ is not entitled to discharge, and is not bailed where such bail is allowable, the judge shall remand the party to custody or place the party under the restraint from which the party was taken, if the person under whose custody or restraint the party was is legally entitled thereto.
[25:93:1862; B § 373; BH § 3695; C § 3767; RL § 6250; NCL § 11399]
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.560 - Judge may order change of custody; enforcement of commitment order stayed; appeal.

1. In cases where any party is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such party, the judge may order such party to be committed to the restraint or custody of such person as is by law entitled thereto.
2. If a party is ordered committed to the restraint or custody of an officer from a jurisdiction outside the State of Nevada, the district judge ordering such commitment shall stay the enforcement thereof for 5 days, during which time an aggrieved party may file a notice of appeal therefrom 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.
3. Upon the filing of a notice of appeal as provided in subsection 2, the enforcement of such order of commitment shall be stayed during the pendency of the appeal.
4. During any period of stay as provided in this section, the local officer having custody of such party shall retain custody thereof.
[26:93:1862; B § 374; BH § 3696; C § 3768; RL § 6251; NCL § 11400]—(NRS A 1959, 18; 2013, 1734)
2023 Nevada Revised Statutes › Chapter 34 - Writs; Petition to Establish Factual Innocence › NRS 34.570 - Pending judgment on proceedings, judge may commit or place in custody.

Until judgment is given on a petition, the judge before whom any party may be brought on the petition may:
1. Commit the party to the custody of the sheriff of the county; or
2. Place the party in such care or under such custody as the party’s age or circumstances may require.
[27:93:1862; B § 375; BH § 3697; C § 3769; RL § 6252; NCL § 11401]—(NRS A 1999, 145)
2023 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)
2023 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]