Nev. Rev. Stat. ch. 34 – Writs; Petition to Establish Factual Innocence | Midpage

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Nevada Revised Statutes

Chapter 34

Nev. Rev. Stat. ch. 34

Writs; Petition to Establish Factual Innocence

34.005Prosecuting agency” defined 34.010Writ of certiorari denominated writ of review 34.020Writ may be granted by appellate and district courts; when writ may issue 34.030Application for writ made on affidavit; notice to adverse party may be required 34.040Writ may be directed to inferior tribunal, board or officer 34.050Court may order return and hearing at any time 34.060Contents of writ 34.070Suspension of proceedings in inferior courts 34.080Service of writ 34.090Extent of review 34.100Perfection of defective return; hearing and judgment 34.110Copy of judgment to be transmitted to inferior tribunal, board or officer 34.120Judgment roll; appeal from judgment 34.130Rules of practice in certiorari proceedings 34.140Procedure in new trials and appeals in certiorari proceedings 34.150Writ of mandamus denominated writ of mandate 34.160Writ may be issued by appellate and district courts; when writ may issue 34.170Writ to issue when no plain, speedy and adequate remedy in law 34.180Writ may be made returnable; hearing 34.185Application alleging unconstitutional prior restraint; court required to render judgment on application not later than 30 days after application is filed 34.190Writ must be either alternative or peremptory; substance of writ 34.200Issuance of alternative or peremptory writ; notice of application; case heard by court whether adverse party appears or not 34.210Adverse party may show cause by answer under oath 34.220If answer raises essential question of fact, court may order jury trial 34.230Applicant may object to sufficiency of answer or countervail it by proof 34.240Motion for new trial and new trial 34.250Clerk to transmit verdict to court where writ is pending, after which hearing may be had on application for writ 34.260Court may grant time for reply to answer; hearing by court 34.270Recovery of damages by applicant; execution may issue to enforce judgment 34.280Service of writ 34.290Penalties for refusal or neglect to obey writ; state and county officers 34.300Rules of practice in mandamus proceedings 34.310Procedure in new trials and appeals in mandamus proceedings 34.320Writ of prohibition defined 34.330Writ may be issued by appellate or district court when no plain, speedy and adequate remedy in law 34.340Writ must be alternative or peremptory; form of writ 34.350Court may order return and hearing at any time 34.360Persons who may prosecute writ 34.370Application for writ; verification required; contents; supporting documents 34.390Judge to grant writ without delay; exceptions; effect of writ 34.400Contents of writ 34.410Service of writ 34.420Proceedings upon disobedience of writ 34.440Person served must bring body of person in custody; exceptions 34.450Sickness or infirmity of party restrained; hearing may proceed or be adjourned 34.470Answer to return; summary proceeding; attendance of witnesses 34.480If no legal cause shown, judge shall discharge person from custody 34.500Grounds for discharge in certain cases 34.510Defect of form in warrant or commitment not ground for discharge 34.520If charge defectively set forth in process or warrant, judge shall examine witnesses and discharge or recommit person 34.530Writ for purposes of bail 34.540Bail in habeas corpus proceedings 34.550Judge to remand to custody if party not entitled to discharge or is not bailed 34.560Judge may order change of custody; enforcement of commitment order stayed; appeal 34.570Pending judgment on proceedings, judge may commit or place in custody 34.575Appeal from order of district court granting or denying writ 34.580Defect of form in writ immaterial 34.590Cases where imprisonment after discharge is permitted 34.600In certain cases warrant may issue instead of writ 34.610Judge may include in warrant order for arrest of person charged with illegal detention 34.620Execution of warrant 34.630Return, answer and hearing on warrant 34.640Party may be discharged or remanded 34.650Writ of process may issue on Sunday or nonjudicial day 34.660Clerk to issue writs, warrants, processes and subpoenas; when returnable 34.670Damages recoverable for failure to issue or obey writ 34.680Penalties for custodian or accessory disobeying or avoiding writ 34.700Time for filing; waiver and consent of accused respecting date of trial 34.710Limitations on submission and consideration of pretrial petition 34.720Scope of provisions 34.722“Petition” defined 34.724Persons who may file petition; no filing fee required; effect of filing 34.726Limitations on time to file; stay of sentence 34.730Petition: Verification; title; service; filing by clerk; prerequisites for hearing 34.731Petition: 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 34.733Petition: Form for challenging computation of time that petitioner has served 34.735Petition: Form for challenging validity of judgment of conviction or sentence 34.738Petition: Filing in appropriate county; limitation on scope 34.740Petition: Expeditious judicial examination 34.745Judicial order to file response or answer; when order is required; form of order; summary dismissal of successive petitions; record of proceeding 34.750Appointment of counsel for indigents; payment of costs incident to proceedings; pleadings supplemental to petition; response to motion to dismiss 34.760Contents of respondent’s response or answer; supplemental material 34.770Judicial determination of need for evidentiary hearing; dismissal of petition or granting of writ 34.780Applicability of Nevada Rules of Civil Procedure; discovery 34.790Record of evidentiary hearing after writ is granted; submission of additional material 34.800Dismissal of petition for delay in filing 34.810Additional reasons for dismissal of petition 34.820Procedure in cases where petitioner has been sentenced to death 34.830Contents and notice of order finally disposing of petition 34.900Definitions 34.910“Bona fide issue of factual innocence” defined 34.920“Factual innocence” defined 34.930“Newly discovered evidence” defined 34.940Determination of when evidence is “material.”34.950Claim of factual innocence is separate from state habeas claim 34.960Filing of petition; notice and copy of petition to be served on prosecuting agency; contents; review by court; grounds for dismissal; explanation of decision by court; preservation of evidence; proceedings governed by Nevada Rules of Civil Procedure 34.970Order by court requiring response to petition; contents of order; time for response; reply; consideration of petition by court; hearing on petition; stipulation of factual innocence of petitioner; issuance of order of factual innocence; explanation by court; appeal 34.980Appointment of counsel 34.990Notice to victim