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

Nev. Rev. Stat. § 34.440

Person served must bring body of person in custody; exceptions

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NRS 34.440  Person served must bring body of person in custody; exceptions.  If the writ of habeas corpus be served, the person or officer to whom the same is directed shall also bring the body of the party in the person’s or officer’s custody or under the person’s or officer’s restraint, according to the command of the writ, except in the cases specified in NRS 34.450.

      [11:93:1862; B § 359; BH § 3681; C § 3753; RL § 6236; NCL § 11385]

     

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2002–2024 · leading case: Gebers v. State
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Gebers v. State (2002) nev “Wommer on August 31, 1999, directly addressing the claims presented in Gebers’ petition, it is clear that the hearing conducted on August 31, 1999, is properly characterized as an ‘ ‘ evidentiary hearing.”
HARRIS (BARRY) v. WARDEN (2024) nev “400, NRS 34.440, NRS 34.470, and NRS 34.770). Once the district court decides to hold an evidentiary hearing on a petitioner’s claims, the district court is “required by statute to grant the writ, to order [the petitioner] to be produced for the hearing, and to permit [the…”
HARRIS (BARRY) v. WARDEN (2024) nev “400, NRS 34.440, NRS 34.470, and NRS 34.770). Once the district court decides to hold an evidentiary hearing on a petitioner's claims, the district court is "required by statute to grant the writ.”
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