NRS 34.575
Appeal from order of district court granting or denying writ.


1.

An applicant who, after conviction or while no criminal action is pending against the applicant, has petitioned the district court for a writ of habeas corpus and whose application for the writ is denied, may appeal 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 from the order and judgment of the district court, but the appeal must be made within 30 days after service by the court of written notice of entry of the order or judgment.

2.

The State of Nevada is an interested party in proceedings for a writ of habeas corpus. If the district court grants the writ and orders the discharge or a change in custody of the petitioner, the district attorney of the county in which the application for the writ was made, or the city attorney of a city which is situated in the county in which the application for the writ was made, or the Attorney General on behalf of the State, may appeal 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 from the order of the district judge within 30 days after the service by the court of written notice of entry of the order.

3.

Whenever an appeal is taken from an order of the district court discharging a petitioner or committing a petitioner to the custody of another person after granting a pretrial petition for habeas corpus based on alleged want of probable cause, or otherwise challenging the court’s right or jurisdiction to proceed to trial of a criminal charge, the clerk of the district court shall forthwith certify and transmit 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, as the record on appeal, the original papers on which the petition was heard in the district court and, if the appellant or respondent demands it, a transcript of any evidentiary proceedings had in the district court. The district court shall require its court reporter to expedite the preparation of the transcript in preference to any request for a transcript in a civil matter. When the appeal is docketed in the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court, it stands submitted without further briefs or oral argument unless the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court otherwise orders.

Source: Section 34.575 — Appeal from order of district court granting or denying writ., https://www.­leg.­state.­nv.­us/NRS/NRS-034.­html#NRS034Sec575.

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

§ 34.575’s source at nv​.us