CHAPTER34. Writs: Certiorari; Mandamus; Prohibition; Habeas Corpus  


CERTIORARI
NRS 34.010. Writ of certiorari denominated writ of review.
NRS 34.020. Writ may be granted by Supreme Court and district courts; when writ may issue. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]
NRS 34.020. Writ may be granted by appellate and district courts; when writ may issue. [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 34.030. 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 34.160. Writ may be issued by Supreme Court and district courts; when writ may issue. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]
NRS 34.160. Writ may be issued by appellate and district courts; when writ may issue. [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 34.170. 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 34.330. Writ may be issued by Supreme Court or district court when no plain, speedy and adequate remedy in law. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]
NRS 34.330. Writ may be issued by appellate or district court when no plain, speedy and adequate remedy in law. [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 34.340. 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 through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]
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 34.540. Bail in habeas corpus proceedings. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]
NRS 34.540. Bail in habeas corpus proceedings. [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 34.550. 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 to Supreme Court. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]
NRS 34.560. Judge may order change of custody; enforcement of commitment order stayed; appeal. [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 34.570. Pending judgment on proceedings, judge may commit or place in custody.
NRS 34.575. Appeal from order of district court granting or denying writ. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]
NRS 34.575. Appeal from order of district court granting or denying 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 34.580. 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.
NRS 34.710. Limitations on submission and consideration of pretrial petition. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]
NRS 34.710. Limitations on submission and consideration of pretrial petition. [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.]
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 34.726. Limitations on time to file; stay of sentence. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]
NRS 34.726. Limitations on time to file; stay of sentence. [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 34.730. Petition: Verification; title; service; filing by clerk; prerequisites for hearing.
NRS 34.735. Petition: Form. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]
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 34.740. Petition: Expeditious judicial examination. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]
NRS 34.740. Petition: Expeditious judicial examination. [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 34.745. Judicial order to file answer and return; when order is required; form of order; summary dismissal of successive petitions; record of proceeding. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]
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. [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 34.750. 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. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]
NRS 34.830. Contents and notice of order finally disposing of petition. [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.]