Nev. Rev. Stat. » NRS: CHAPTER 34 - WRITS; PETITION TO ESTABLISH FACTUAL INNOCENCE

Nev. Rev. Stat. § 34.170

Writ to issue when no plain, speedy and adequate remedy in law

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NRS 34.170  Writ to issue when no plain, speedy and adequate remedy in law.  This writ shall be issued in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. It shall be issued upon affidavit, on the application of the party beneficially interested.

      [1911 CPA § 754; RL § 5696; NCL § 9243]

     

Notes of Decisions
Cited in 785 cases (157 in the last 5 years), 1961–2026 · leading case: Pan v. Eighth Judicial District Court of the State of Nevada ex rel. County of Clark
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Pan v. Eighth Judicial District Court of the State of Nevada ex rel. County of Clark (2004) nev · cites it 3× “DISCUSSION Under NRS 34.170, a writ of mandamus is proper only when there is no plain, adequate and speedy legal remedy.”
R.J. Reynolds Tobacco Co. v. Dist. Ct. (2022) nev · cites it 8× “379, 384 (1953)), writ relief is not appropriate where there is a “plain, speedy, and adequate remedy in the ordinary course of law,” NRS 34.170, such as the right to appeal from a final judgment, Archon Corp.”
Pan v. Dist. Ct. (2004) nev · cites it 3× “DISCUSSION Under NRS 34.170, a writ of mandamus is proper only when there is no plain, adequate and speedy legal remedy.”
International Game Technology, Inc. v. Second Judicial District Court (2008) nev “NRS 34.170; D.R. Horton v. Dist. Ct., 123 Nev.”
Burch v. Second Judicial District Court of the State of Nevada (2002) nev · cites it 2× “We, therefore, grant the petition and direct the clerk of this court to issue a writ of mandamus directing the district court to vacate its order compelling arbitration.”
SHOEN VS. STATE BAR OF NEVADA (2020) nev · cites it 4× “160, when "there is not a plain, speedy and adequate remedy in the ordinary course of law," NRS 34.170. But whether to do so in a particular case is entirely within this court's discretion.”
International Game Technology, Inc. v. Second Judicial District Court of the State of Nevada Ex Rel. County of Washoe (2006) nev · cites it 2× “120 grants authority only to the Attorney General to move to dismiss a false claims action. As the Attorney General has since joined the petition, and as it is IGT that will be affected if the district court proceeds with the FCA action and IGT's taxpayer rights that will…”
General Motors Corp. v. Eighth Judicial District Court of the State of Nevada Ex Rel. County of Clark (2006) nev · cites it 2× “[5] NRS 34.170. [6] Cheung v. Dist. Ct., 121 Nev.”
State v. Eighth Judicial District Court ex rel. County of Clark (2011) nev “NRS 34.170. Ultimately, the decision to entertain an extraordinary writ petition lies within our discretion, and we must “consider[ ] whether judicial economy and sound judicial administration militate for or against issuing the writ,” Redeker v.”
Secretary of State v. STATE LEGISLATURE (2004) nev · cites it 2× “3 NRS 34.170. State courts are not bound by federal standing principles, which derive from the “case or controversy” component of the United States Constitution.”
Marquis & Aurbach v. Eighth Judicial District Court Ex Rel. County of Clark (2006) nev · cites it 2× “[9] We note that the provisions of NRS Chapter 38 providing for appeals to the Supreme Court from certain orders entered by a district court reviewing a Chapter 38 arbitration proceeding do not apply to orders entered by a district court reviewing, de novo, a decision of the fee…”
Smith v. Eighth Judicial District Court (1991) nev “See NRS 34.320; NRS 34.330. Mandamus is a proper remedy to compel performance of a judicial act when there is no plain, speedy, and adequate remedy at law in order to compel the performance of an act which the law requires as a duty resulting from office.”
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