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]
Structure Nevada Revised Statutes
Chapter 34 - Writs; Petition to Establish Factual Innocence
NRS 34.010 - Writ of certiorari denominated writ of review.
NRS 34.020 - Writ may be granted by appellate and district courts; when writ may issue.
NRS 34.030 - Application for writ made on affidavit; notice to adverse party may be required.
NRS 34.040 - Writ may be directed to inferior tribunal, board or officer.
NRS 34.050 - Court may order return and hearing at any time.
NRS 34.060 - Contents of writ.
NRS 34.070 - Suspension of proceedings in inferior courts.
NRS 34.090 - Extent of review.
NRS 34.100 - Perfection of defective return; hearing and judgment.
NRS 34.110 - Copy of judgment to be transmitted to inferior tribunal, board or officer.
NRS 34.120 - Judgment roll; appeal from judgment.
NRS 34.130 - Rules of practice in certiorari proceedings.
NRS 34.140 - Procedure in new trials and appeals in certiorari proceedings.
NRS 34.150 - Writ of mandamus denominated writ of mandate.
NRS 34.160 - Writ may be issued by appellate and district courts; when writ may issue.
NRS 34.170 - Writ to issue when no plain, speedy and adequate remedy in law.
NRS 34.180 - Writ may be made returnable; hearing.
NRS 34.190 - Writ must be either alternative or peremptory; substance of writ.
NRS 34.210 - Adverse party may show cause by answer under oath.
NRS 34.220 - If answer raises essential question of fact, court may order jury trial.
NRS 34.230 - Applicant may object to sufficiency of answer or countervail it by proof.
NRS 34.240 - Motion for new trial and new trial.
NRS 34.260 - Court may grant time for reply to answer; hearing by court.
NRS 34.270 - Recovery of damages by applicant; execution may issue to enforce judgment.
NRS 34.290 - Penalties for refusal or neglect to obey writ; state and county officers.
NRS 34.300 - Rules of practice in mandamus proceedings.
NRS 34.310 - Procedure in new trials and appeals in mandamus proceedings.
NRS 34.320 - Writ of prohibition defined.
NRS 34.340 - Writ must be alternative or peremptory; form of writ.
NRS 34.350 - Court may order return and hearing at any time.
NRS 34.360 - Persons who may prosecute writ.
NRS 34.370 - Application for writ; verification required; contents; supporting documents.
NRS 34.390 - Judge to grant writ without delay; exceptions; effect of writ.
NRS 34.400 - Contents of writ.
NRS 34.420 - Proceedings upon disobedience of writ.
NRS 34.430 - Return and answer: Service and filing; contents; signature and verification.
NRS 34.440 - Person served must bring body of person in custody; exceptions.
NRS 34.450 - Sickness or infirmity of party restrained; hearing may proceed or be adjourned.
NRS 34.470 - Answer to return; summary proceeding; attendance of witnesses.
NRS 34.480 - If no legal cause shown, judge shall discharge person from custody.
NRS 34.500 - Grounds for discharge in certain cases.
NRS 34.510 - Defect of form in warrant or commitment not ground for discharge.
NRS 34.530 - Writ for purposes of bail.
NRS 34.540 - Bail in habeas corpus proceedings.
NRS 34.550 - Judge to remand to custody if party not entitled to discharge or is not bailed.
NRS 34.560 - Judge may order change of custody; enforcement of commitment order stayed; appeal.
NRS 34.570 - Pending judgment on proceedings, judge may commit or place in custody.
NRS 34.575 - Appeal from order of district court granting or denying writ.
NRS 34.580 - Defect of form in writ immaterial.
NRS 34.590 - Cases where imprisonment after discharge is permitted.
NRS 34.600 - In certain cases warrant may issue instead of writ.
NRS 34.610 - Judge may include in warrant order for arrest of person charged with illegal detention.
NRS 34.620 - Execution of warrant.
NRS 34.630 - Return, answer and hearing on warrant.
NRS 34.640 - Party may be discharged or remanded.
NRS 34.650 - Writ of process may issue on Sunday or nonjudicial day.
NRS 34.660 - Clerk to issue writs, warrants, processes and subpoenas; when returnable.
NRS 34.670 - Damages recoverable for failure to issue or obey writ.
NRS 34.680 - Penalties for custodian or accessory disobeying or avoiding writ.
NRS 34.700 - Time for filing; waiver and consent of accused respecting date of trial.
NRS 34.710 - Limitations on submission and consideration of pretrial petition.
NRS 34.720 - Scope of provisions.
NRS 34.722 - "Petition" defined.
NRS 34.724 - Persons who may file petition; effect of filing.
NRS 34.726 - Limitations on time to file; stay of sentence.
NRS 34.730 - Petition: Verification; title; service; filing by clerk; prerequisites for hearing.
NRS 34.738 - Petition: Filing in appropriate county; limitation on scope.
NRS 34.740 - Petition: Expeditious judicial examination.
NRS 34.760 - Contents of respondent’s answer; supplemental material.
NRS 34.780 - Applicability of Nevada Rules of Civil Procedure; discovery.
NRS 34.790 - Record of evidentiary hearing after writ is granted; submission of additional material.
NRS 34.800 - Dismissal of petition for delay in filing.
NRS 34.810 - Additional reasons for dismissal of petition.
NRS 34.820 - Procedure in cases where petitioner has been sentenced to death.
NRS 34.830 - Contents and notice of order finally disposing of petition.
NRS 34.910 - "Bona fide issue of factual innocence" defined.
NRS 34.920 - "Factual innocence" defined.
NRS 34.930 - "Newly discovered evidence" defined.
NRS 34.940 - Determination of when evidence is "material."
NRS 34.950 - Claim of factual innocence is separate from state habeas claim.