Nev. Rev. Stat. » NRS: CHAPTER 179 - SPECIAL PROCEEDINGS OF A CRIMINAL NATURE; SEALING RECORDS OF CRIMINAL PROCEEDINGS; REWARDS; FORMS
Nevada Revised Statutes

Nev. Rev. Stat. § 179.197 (2026)

Rights of accused person; application for writ of habeas corpus

✓ current as of July 2026
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NRS 179.197  Rights of accused person; application for writ of habeas corpus.

      1.  No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person unless the person is first taken forthwith before a judge of a court of record in this state, who shall inform the person of the demand made for surrender and of the crime with which the person is charged, and that the person has the right to demand and procure legal counsel.

      2.  If the prisoner or the prisoner’s counsel state that the prisoner or they desire to test the legality of the arrest, the judge of such court of record shall fix a reasonable time to be allowed within which to apply to the district court for a writ of habeas corpus.

      3.  When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.

      (Added to NRS by 1967, 1100; A 1983, 539)

     

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1969–2023 · leading case: State v. Second Jud. Dist. Court, 471 P.2d 224 (Nev. 1970).
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State v. Second Jud. Dist. Court, 471 P.2d 224 (Nev. 1970). · cites it 4× “NRS 179.197. 4 Van Sickle indicated his desire to file a *534 habeas petition as so provided, and he did so on March 16, 1970.”
Roberts v. Hocker, 456 P.2d 425 (Nev. 1969). · cites it 2× “No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him has appointed to receive him unless he is first taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his…”
Sheriff, Clark Cnty. v. Randono, 515 P.2d 1267 (Nev. 1973). “Anticipated ill treatment in the demanding state is not within the contemplation of NRS 179.197 which provides that after the issuance of the executive warrant the legality of the arrest may be challenged by habeas.”
Jernigan v. Sheriff, Clark Cnty., 469 P.2d 64 (Nev. 1970). “The appellant was arrested on the executive warrant and pursuant to NRS 179.197, was brought before the district court to be informed of the crime charged and his right to demand and procure counsel.”
Ewing (Christopher) Vs. State C/W 77671 (Nev. 2019). · cites it 2× “That other states have interpreted the language in the uniform provision codified in Nevada as NRS 179.197 differently than this court did in Roberts is not a compelling reason to overrule Roberts, especially when this court was aware of contrary interpretations when it decided…”
Ewing (Christopher) Vs. State C/W 77671 (Nev. 2019). · cites it 2× “That other states have interpreted the language in the uniform provision codified in Nevada as NRS 179.197 differently than this court did in Roberts is not a compelling reason to overrule Roberts, especially when this court was aware of contrary interpretations when it decided…”
Judkins v. Clark Cnty. Det. Ctr. (D. Nev. 2023). · cites it 2× “Plaintiff accuses Officer Finley (“Finley:) of violating NRS 179.197 by 14 threatening Plaintiff in order to prompt him to sign a waiver for extradition without a judge present 15 resulting in false imprisonment in violation of his Fourth Amendment rights.”
Johnson v. Las Vegas, Nv (D. Nev. 2020). “NRS 179.197(2) expressly 25 2 The Court takes judicial notice of the online docket records of the Eighth Judicial District Court and 26 Nevada appellate courts.”
Marshall v. Sheriff, 488 P.2d 1157 (Nev. 1971). “” Moreover, the court must apprise the accused of the crimes charged, in accordance with NRS 179.197, before his delivery to the demanding authority can be accomplished.”
McGuigan v. Sheriff, 669 F. Supp. 1037 (D. Nev. 1987). · cites it 2× “2d 425 (1969)); see NRS § 179.197. There is thus no right to counsel, either under the federal Constitution and laws or the laws of the State of Nevada, to appointed counsel at extradition hearings.”
— Nev. Rev. Stat. § 179.197(1) — 2 cases
Ewing (Christopher) Vs. State C/W 77671 (Nev. 2019). “That other states have interpreted the language in the uniform provision codified in Nevada as NRS 179.197 differently than this court did in Roberts is not a compelling reason to overrule Roberts, especially when this court was aware of contrary interpretations when it decided…”
Ewing (Christopher) Vs. State C/W 77671 (Nev. 2019). “That other states have interpreted the language in the uniform provision codified in Nevada as NRS 179.197 differently than this court did in Roberts is not a compelling reason to overrule Roberts, especially when this court was aware of contrary interpretations when it decided…”
— Nev. Rev. Stat. § 179.197(2) — 1 case
Johnson v. Las Vegas, Nv (D. Nev. 2020). “NRS 179.197(2) expressly 25 2 The Court takes judicial notice of the online docket records of the Eighth Judicial District Court and 26 Nevada appellate courts.”
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