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

Nev. Rev. Stat. § 34.200 (2026)

Issuance of alternative or peremptory writ; notice of application; case heard by court whether adverse party appears or not

✓ current as of July 2026
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NRS 34.200  Issuance of alternative or peremptory writ; notice of application; case heard by court whether adverse party appears or not.  When the application to the court or district judge is made without notice to the adverse party, and the writ is allowed, the alternative shall be first issued; but if the application be upon due notice, and the writ is allowed, the peremptory may be issued in the first instance. The notice of the application, when given, shall be at least 10 days. The writ shall not be granted by default. The case shall be heard by the court, whether the adverse party appear or not.

      [1911 CPA § 756; RL § 5698; NCL § 9245]

     

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1973–2026 · leading case: Gulbranson v. City of Sparks, 506 P.2d 1264 (Nev. 1973).
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Gulbranson v. City of Sparks, 506 P.2d 1264 (Nev. 1973). · cites it 2× “That section further provides: “The case shall be heard by the court, whether the adverse party appear or not.”
Dep't of Motor Vehs. v. Rebol, 589 P.2d 178 (Nev. 1979). · cites it 3× “Contending the writ was granted by default in violation NRS 34.200, the Department of Motor Vehicles appealed.”
State v. O'Donnell, 646 P.2d 1217 (Nev. 1982). “Despite this dereliction, we review the merits of the petition pursuant to NRS 34.200 and NRS 34.260. NRS 189.030 provides in pertinent part: 1.”
City of Reno v. Dist. Ct. (conrad) (civil), 142 Nev. Adv. Op. No. 13 (Nev. 2026). · cites it 4× “Rather than petition the court through routine inter partes procedure, which would require that the City be provided notice and an opportunity to be heard before the court ruled on the matter, Conrad specifically sought an ex parte alternative writ under NRS 34.200, attaching to…”
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