NRS
34.470 Answer to return; summary proceeding; attendance of witnesses.
1. The petitioner brought before the judge
on the return of the writ may deny or controvert any of the material facts or
matters set forth in the return or answer, deny the sufficiency thereof, or
allege any fact to show either that the petitioner’s imprisonment or detention
is unlawful or that the petitioner is entitled to discharge.
2. The judge shall thereupon proceed in a
summary way to hear such allegation and proof as may be produced against or in
favor of such imprisonment or detention, and to dispose of the case as justice
may require.
3. The judge may compel the attendance of
witnesses by process of subpoena and attachment and perform all other acts
necessary to a full and fair hearing and determination of the case.
[15:93:1862; B § 363; BH § 3685; C § 3757; RL § 6240;
NCL § 11389] + [16:93:1862; B § 364; BH § 3686; C § 3758; RL § 6241; NCL §
11390] + [17:93:1862; B § 365; BH § 3687; C § 3759; RL § 6242; NCL §
11391]—(NRS A 1985,
1236)
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 1970–2024 · leading case:
Gebers v. State
Gebers v. State (2002)
nev · cites it 2×
“State, Docket No. 34020 (Order Dismissing Appeal, May 3, 1999).”
Lamb v. Loveless (1970)
nev · cites it 2×
“In support of this rather novel suggestion, the State relies on NRS 34.470 (3) 5 and NRS 34.520. 6 These statutes are not applicable at all.”
HARRIS (BARRY) v. WARDEN (2024)
nev
“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 petitioner] an…”
State Vs. Mckern (Cassady) (2020)
nev
“NRS 34.470(2)-(3) (explaining that the judge shall "proceed in a summary way" "and perform all other acts necessary" to fairly settle the matter).”
HARRIS (BARRY) v. WARDEN (2024)
nev
“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.”
— Nev. Rev. Stat. § 34.470(1) — 1 case
Gebers v. State (2002)
nev
“State, Docket No. 34020 (Order Dismissing Appeal, May 3, 1999).”
— Nev. Rev. Stat. § 34.470(2) — 1 case
State Vs. Mckern (Cassady) (2020)
nev
“NRS 34.470(2)-(3) (explaining that the judge shall "proceed in a summary way" "and perform all other acts necessary" to fairly settle the matter).”
— Nev. Rev. Stat. § 34.470(3) — 1 case
Lamb v. Loveless (1970)
nev
“In support of this rather novel suggestion, the State relies on NRS 34.470 (3) 5 and NRS 34.520. 6 These statutes are not applicable at all.”
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treatment. Dots show Syfertize treatment of the citing case itself.