NRS 34.430
Return and answer: Service and filing

  • contents
  • signature and verification.

1.

Except as otherwise provided in subsection 1 of NRS 34.745, the respondent shall serve upon the petitioner and file with the court a return and an answer that must respond to the allegations of the petition within 45 days or a longer period fixed by the judge or justice.

2.

The return must state plainly and unequivocally whether the respondent has the party in custody, or under the respondent’s power or restraint. If the respondent has the petitioner in the respondent’s custody or power, or under the respondent’s restraint, the respondent shall state the authority and cause of the imprisonment or restraint, setting forth with specificity the basis for custody.

3.

If the petitioner is detained by virtue of any judgment, writ, warrant or other written authority, a certified or exemplified copy must be annexed to the return.

4.

If the respondent has the petitioner in the respondent’s power or custody or under the respondent’s restraint before or after the date of the writ of habeas corpus but has transferred custody or restraint to another, the return must state particularly to whom, at what time and place, for what cause, and by what authority the transfer took place.

5.

The return must be signed by the respondent and, unless the respondent is a sworn public officer who makes the return in the respondent’s official capacity, verified under oath or affirmation.

Source: Section 34.430 — Return and answer: Service and filing; contents; signature and verification., https://www.­leg.­state.­nv.­us/NRS/NRS-034.­html#NRS034Sec430.

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

§ 34.430’s source at nv​.us