NRS 34.370
Application for writ

  • verification required
  • contents
  • supporting documents.

1.

A petition for a writ of habeas corpus must be verified by the petitioner or the petitioner’s counsel. If the petition is verified by counsel, counsel shall also verify that the petitioner personally authorized counsel to commence the action.

2.

A verified petition for issuance of a writ of habeas corpus must specify that the petitioner is imprisoned or restrained of the petitioner’s liberty, the officer or other person by whom the petitioner is confined or restrained, and the place where the petitioner is confined, naming all the parties if they are known, or describing them if they are not known.

3.

If the petitioner claims that the imprisonment is illegal, the petitioner must state facts which show that the restraint or detention is illegal.

4.

If the petition requests relief from a judgment of conviction or sentence in a criminal case, the petition must identify the proceedings in which the petitioner was convicted, give the date of entry of the final judgment and set forth which constitutional rights of the petitioner were violated and the acts constituting violations of those rights. Affidavits, records or other evidence supporting the allegations in the petition must be attached unless the petition recites the cause for failure to attach these materials. The petition must identify any previous proceeding in state or federal court initiated by the petitioner to secure relief from the petitioner’s conviction or sentence. Argument, citations and other supporting documents are unnecessary.

Source: Section 34.370 — Application for writ; verification required; contents; supporting documents., https://www.­leg.­state.­nv.­us/NRS/NRS-034.­html#NRS034Sec370.

34.360
Persons who may prosecute writ.
34.370
Application for writ
34.390
Judge to grant writ without delay
34.400
Contents of writ.
34.410
Service of writ.
34.420
Proceedings upon disobedience of writ.
34.430
Return and answer: Service and filing
34.440
Person served must bring body of person in custody
34.450
Sickness or infirmity of party restrained
34.470
Answer to return
34.480
If no legal cause shown, judge shall discharge person from custody.
34.500
Grounds for discharge in certain cases.
34.510
Defect of form in warrant or commitment not ground for discharge.
34.520
If charge defectively set forth in process or warrant, judge shall examine witnesses and discharge or recommit person.
34.530
Writ for purposes of bail.
34.540
Bail in habeas corpus proceedings.
34.550
Judge to remand to custody if party not entitled to discharge or is not bailed.
34.560
Judge may order change of custody
34.570
Pending judgment on proceedings, judge may commit or place in custody.
34.575
Appeal from order of district court granting or denying writ.
34.580
Defect of form in writ immaterial.
34.590
Cases where imprisonment after discharge is permitted.
34.600
In certain cases warrant may issue instead of writ.
34.610
Judge may include in warrant order for arrest of person charged with illegal detention.
34.620
Execution of warrant.
34.630
Return, answer and hearing on warrant.
34.640
Party may be discharged or remanded.
34.650
Writ of process may issue on Sunday or nonjudicial day.
34.660
Clerk to issue writs, warrants, processes and subpoenas
34.670
Damages recoverable for failure to issue or obey writ.
34.680
Penalties for custodian or accessory disobeying or avoiding writ.
Last Updated

Jun. 24, 2021

§ 34.370’s source at nv​.us