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

Nev. Rev. Stat. § 34.560 (2026)

Judge may order change of custody; enforcement of commitment order stayed; appeal

✓ current as of July 2026
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NRS 34.560  Judge may order change of custody; enforcement of commitment order stayed; appeal.

      1.  In cases where any party is held under illegal restraint or custody, or any other person is entitled to the restraint or custody of such party, the judge may order such party to be committed to the restraint or custody of such person as is by law entitled thereto.

      2.  If a party is ordered committed to the restraint or custody of an officer from a jurisdiction outside the State of Nevada, the district judge ordering such commitment shall stay the enforcement thereof for 5 days, during which time an aggrieved party may file a notice of appeal therefrom to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution.

      3.  Upon the filing of a notice of appeal as provided in subsection 2, the enforcement of such order of commitment shall be stayed during the pendency of the appeal.

      4.  During any period of stay as provided in this section, the local officer having custody of such party shall retain custody thereof.

      [26:93:1862; B § 374; BH § 3696; C § 3768; RL § 6251; NCL § 11400]—(NRS A 1959, 18; 2013, 1734)

     

Notes of Decisions
Cited in 5 cases, 1958–2015 · leading case: White v. Warden, Nevada State Prison, 614 P.2d 536 (Nev. 1980).
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White v. Warden, Nevada State Prison, 614 P.2d 536 (Nev. 1980). “NRS 34.560. And, even though pretrial appeals were abolished in 1979, there is some ambiguity in remaining sections referring to pretrial petitions and appeals.”
Boatwright v. Dir., Dep't of Prison, 849 P.2d 274 (Nev. 1993). “Appellant remains subject to the jurisdiction of Nevada while incarcerated pursuant to the Compact.”
Application of Robinson, 322 P.2d 304 (Nev. 1958). “NRS 34.560 provides: “In cases where * * * any other person is entitled to the restraint or custody of such party, the judge may order such party to be committed to the restraint or custody of such person as is by law entitled thereto.”
Shawn (Rick) v. State (Nev. 2015). “Here, it appears that appellant delivered his notice of appeal to a prison official for filing on July 26, 2014, within the 30-day appeal period provided by NRS 34.560(2). Although appellant did not use the notice of appeal log, as the majority holds NRAP 4(d) requires, I am not…”
Shawn (Rick) v. State (Nev. 2015). “SUPREME COURT OF NEVADA 2 (0) 1947A (A(M49 period provided by NRS 34.560(2). Although appellant did not use the notice of appeal log, as the majority holds NRAP 4(d) requires, I am not convinced that NRAP 4(d) should be applied to defeat this court's jurisdiction under the…”
Nev. Rev. Stat. § 34.560(1): 1 case
Boatwright v. Dir., Dep't of Prison, 849 P.2d 274 (Nev. 1993). “Appellant remains subject to the jurisdiction of Nevada while incarcerated pursuant to the Compact.”
Nev. Rev. Stat. § 34.560(2): 2 cases
Shawn (Rick) v. State (Nev. 2015). “Here, it appears that appellant delivered his notice of appeal to a prison official for filing on July 26, 2014, within the 30-day appeal period provided by NRS 34.560(2). Although appellant did not use the notice of appeal log, as the majority holds NRAP 4(d) requires, I am not…”
Shawn (Rick) v. State (Nev. 2015). “SUPREME COURT OF NEVADA 2 (0) 1947A (A(M49 period provided by NRS 34.560(2). Although appellant did not use the notice of appeal log, as the majority holds NRAP 4(d) requires, I am not convinced that NRAP 4(d) should be applied to defeat this court's jurisdiction under the…”
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