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)
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.