Nevada Remedies; Special Actions and Proceedings

Sec. § 34.726
Limitations on time to file; stay of sentence.


Unless there is good cause shown for delay, a petition that challenges the validity of a judgment or sentence must be filed within 1 year after entry of the judgment of conviction or, if an appeal has been taken from the judgment, within 1 year after 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 issues its remittitur. For the purposes of this subsection, good cause for delay exists if the petitioner demonstrates to the satisfaction of the court:


That the delay is not the fault of the petitioner; and


That dismissal of the petition as untimely will unduly prejudice the petitioner.


The execution of a sentence must not be stayed for the period provided in subsection 1 solely because a petition may be filed within that period. A stay of sentence must not be granted unless:


A petition is actually filed; and


The petitioner establishes a compelling basis for the stay.

Last accessed
Feb. 5, 2021