NRS 34.560
Judge may order change of custody

  • enforcement of commitment order stayed
  • appeal.

1.

In cases where any party is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such party, the judge may order such party to be committed to the restraint or custody of such person as is by law entitled thereto.

2.

If a party is ordered committed to the restraint or custody of an officer from a jurisdiction outside the State of Nevada, the district judge ordering such commitment shall stay the enforcement thereof for 5 days, during which time an aggrieved party may file a notice of appeal therefrom to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution.

3.

Upon the filing of a notice of appeal as provided in subsection 2, the enforcement of such order of commitment shall be stayed during the pendency of the appeal.

4.

During any period of stay as provided in this section, the local officer having custody of such party shall retain custody thereof.

Source: Section 34.560 — Judge may order change of custody; enforcement of commitment order stayed; appeal., https://www.­leg.­state.­nv.­us/NRS/NRS-034.­html#NRS034Sec560 (accessed May 26, 2025).

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.

May 26, 2025

§ 34.560. Judge may order change of custody's source at nv​.us