Nevada Revised Statutes (Last Updated: December 24, 2014) |
TITLE3 REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS |
CHAPTER34. Writs: Certiorari; Mandamus; Prohibition; Habeas Corpus |
CERTIORARI |
NRS 34.010. Writ of certiorari denominated writ of review. |
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. |
MANDAMUS |
NRS 34.150. Writ of mandamus denominated writ of mandate. |
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. |
PROHIBITION |
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. |
HABEAS CORPUS |
General Provisions |
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. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.] |
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 34.550. Judge to remand to custody if party not entitled to discharge or is not bailed. |
NRS 34.570. Pending judgment on proceedings, judge may commit or place in custody. |
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. |
Petitions for Pretrial Relief |
NRS 34.700. Time for filing; waiver and consent of accused respecting date of trial. |
Petitions for Postconviction Relief |
NRS 34.720. Scope of provisions. |
NRS 34.722. “Petition” defined. |
NRS 34.724. Persons who may file petition; effect of filing. |
NRS 34.730. Petition: Verification; title; service; filing by clerk; prerequisites for hearing. |
NRS 34.735. Petition: Form. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.] |
NRS 34.738. Petition: Filing in appropriate county; limitation on scope. |
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. |