NRS 34.470
Answer to return

  • summary proceeding
  • attendance of witnesses.

1.

The petitioner brought before the judge on the return of the writ may deny or controvert any of the material facts or matters set forth in the return or answer, deny the sufficiency thereof, or allege any fact to show either that the petitioner’s imprisonment or detention is unlawful or that the petitioner is entitled to discharge.

2.

The judge shall thereupon proceed in a summary way to hear such allegation and proof as may be produced against or in favor of such imprisonment or detention, and to dispose of the case as justice may require.

3.

The judge may compel the attendance of witnesses by process of subpoena and attachment and perform all other acts necessary to a full and fair hearing and determination of the case.

Source: Section 34.470 — Answer to return; summary proceeding; attendance of witnesses., https://www.­leg.­state.­nv.­us/NRS/NRS-034.­html#NRS034Sec470.

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

§ 34.470’s source at nv​.us