PocketLaw | Nevada Revised Statutes | Writs; Petition to Establish

Writs; Petition to Establish Factual Innocence

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Writ of certiorari denominated writ of review.

Writ may be granted by appellate and district courts; when writ may issue.

Application for writ made on affidavit; notice to adverse party may be required.

Writ may be directed to inferior tribunal, board or officer.

Court may order return and hearing at any time.

Contents of writ.

Suspension of proceedings in inferior courts.

Service of writ.

Extent of review.

Perfection of defective return; hearing and judgment.

Copy of judgment to be transmitted to inferior tribunal, board or officer.

Judgment roll; appeal from judgment.

Rules of practice in certiorari proceedings.

Procedure in new trials and appeals in certiorari proceedings.

Writ of mandamus denominated writ of mandate.

Writ may be issued by appellate and district courts; when writ may issue.

Writ to issue when no plain, speedy and adequate remedy in law.

Writ may be made returnable; hearing.

Application alleging unconstitutional prior restraint; court required to render judgment on application not later than 30 days after application is filed.

Writ must be either alternative or peremptory; substance of writ.

Issuance of alternative or peremptory writ; notice of application; case heard by court whether adverse party appears or not.

Adverse party may show cause by answer under oath.

If answer raises essential question of fact, court may order jury trial.

Applicant may object to sufficiency of answer or countervail it by proof.

Motion for new trial and new trial.

Clerk to transmit verdict to court where writ is pending, after which hearing may be had on application for writ.

Court may grant time for reply to answer; hearing by court.

Recovery of damages by applicant; execution may issue to enforce judgment.

Service of writ.

Penalties for refusal or neglect to obey writ; state and county officers.

Rules of practice in mandamus proceedings.

Procedure in new trials and appeals in mandamus proceedings.

Writ of prohibition defined.

Writ may be issued by appellate or district court when no plain, speedy and adequate remedy in law.

Writ must be alternative or peremptory; form of writ.

Court may order return and hearing at any time.

Persons who may prosecute writ.

Application for writ; verification required; contents; supporting documents.

Judge to grant writ without delay; exceptions; effect of writ.

Contents of writ.

Service of writ.

Proceedings upon disobedience of writ.

Return and answer: Service and filing; contents; signature and verification.

Person served must bring body of person in custody; exceptions.

Sickness or infirmity of party restrained; hearing may proceed or be adjourned.

Answer to return; summary proceeding; attendance of witnesses.

If no legal cause shown, judge shall discharge person from custody.

Grounds for discharge in certain cases.

Defect of form in warrant or commitment not ground for discharge.

If charge defectively set forth in process or warrant, judge shall examine witnesses and discharge or recommit person.

Writ for purposes of bail.

Bail in habeas corpus proceedings.

Judge to remand to custody if party not entitled to discharge or is not bailed.

Judge may order change of custody; enforcement of commitment order stayed; appeal.

Pending judgment on proceedings, judge may commit or place in custody.

Appeal from order of district court granting or denying writ.

Defect of form in writ immaterial.

Cases where imprisonment after discharge is permitted.

In certain cases warrant may issue instead of writ.

Judge may include in warrant order for arrest of person charged with illegal detention.

Execution of warrant.

Return, answer and hearing on warrant.

Party may be discharged or remanded.

Writ of process may issue on Sunday or nonjudicial day.

Clerk to issue writs, warrants, processes and subpoenas; when returnable.

Damages recoverable for failure to issue or obey writ.

Penalties for custodian or accessory disobeying or avoiding writ.

Time for filing; waiver and consent of accused respecting date of trial.

Limitations on submission and consideration of pretrial petition.

Scope of provisions.

"Petition" defined.

Persons who may file petition; effect of filing. [Effective through December 31, 2019.]

Persons who may file petition; effect of filing. [Effective January 1, 2020.]

Limitations on time to file; stay of sentence.

Petition: Verification; title; service; filing by clerk; prerequisites for hearing.

Petition: Form.

Petition: Filing in appropriate county; limitation on scope. [Effective through December 31, 2019.]

Petition: Filing in appropriate county; limitation on scope. [Effective January 1, 2020.]

Petition: Expeditious judicial examination.

Judicial order to file answer and return; when order is required; form of order; summary dismissal of successive petitions; record of proceeding.

Appointment of counsel for indigents; pleadings supplemental to petition; response to motion to dismiss.

Contents of respondent’s answer; supplemental material.

Judicial determination of need for evidentiary hearing: Dismissal of petition or granting of writ.

Applicability of Nevada Rules of Civil Procedure; discovery.

Record of evidentiary hearing after writ is granted; submission of additional material.

Dismissal of petition for delay in filing.

Additional reasons for dismissal of petition. [Effective through December 31, 2019.]

Additional reasons for dismissal of petition. [Effective January 1, 2020.]

Procedure in cases where petitioner has been sentenced to death.

Contents and notice of order finally disposing of petition.

Definitions.

"Bona fide issue of factual innocence" defined.

"Factual innocence" defined.

"Newly discovered evidence" defined.

Determination of when evidence is "material."

Claim of factual innocence is separate from state habeas claim.

Filing of petition; notice and copy of petition to be served on district attorney and Attorney General; contents; review by court; grounds for dismissal; explanation of decision by court; preservation of evidence; proceedings governed by Nevada Rules of Civil Procedure.

Order 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.

Appointment of counsel.

Notice to victim.