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]

Structure Nevada Revised Statutes

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 34.080 - Service of writ.

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

NRS 34.190 - Writ must be either alternative or peremptory; substance of writ.

NRS 34.200 - Issuance of alternative or peremptory writ; notice of application; case heard by court whether adverse party appears or not.

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

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 34.280 - Service of writ.

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

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 34.410 - Service 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 34.520 - If charge defectively set forth in process or warrant, judge shall examine witnesses and discharge or recommit person.

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 34.735 - Petition: Form.

NRS 34.738 - Petition: Filing in appropriate county; limitation on scope.

NRS 34.740 - Petition: Expeditious judicial examination.

NRS 34.745 - Judicial order to file answer and return; when order is required; form of order; summary dismissal of successive petitions; record of proceeding.

NRS 34.750 - Appointment of counsel for indigents; pleadings supplemental to petition; response to motion to dismiss.

NRS 34.760 - Contents of respondent’s answer; supplemental material.

NRS 34.770 - Judicial determination of need for evidentiary hearing: Dismissal of petition or granting of writ.

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 34.900 - Definitions.

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.

NRS 34.960 - 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...

NRS 34.970 - 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;...

NRS 34.980 - Appointment of counsel.

NRS 34.990 - Notice to victim.