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

Nev. Rev. Stat. § 34.730 (2026)

Petition: Verification; title; service; filing by clerk; prerequisites for hearing

✓ current as of July 2026
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NRS 34.730  Petition: Verification; title; service; filing by clerk; prerequisites for hearing.

      1.  A petition must be verified by the petitioner or the petitioner’s counsel. If the petition is verified by counsel, counsel shall also verify that the petitioner personally authorized counsel to commence the action.

      2.  A petition that challenges:

      (a) The computation of time that the petitioner has served pursuant to a judgment of conviction must be titled “Petition for Writ of Habeas Corpus (Computation of Time)” and be in substantially the form set forth in NRS 34.733.

      (b) The validity of a judgment of conviction or sentence must be titled “Petition for Writ of Habeas Corpus (Validity of Judgment of Conviction or Sentence)” and be in substantially the form set forth in NRS 34.735.

      3.  A petition must name as respondent and be served by mail or electronic means upon the officer or other person by whom the petitioner is confined or restrained. A copy of the petition must be served by mail or electronic means upon the Attorney General and, if applicable, any other prosecuting agency.

      4.  Except as otherwise provided in this subsection, the clerk of the district court shall file a petition as a new action separate and distinct from any original proceeding in which a conviction has been had. If a petition challenges the validity of a judgment of conviction or sentence, it must be:

      (a) Filed with the record of the original proceeding to which it relates; and

      (b) Whenever possible, assigned to the original judge or court.

      5.  No hearing upon the petition may be set until the requirements of NRS 34.740 to 34.770, inclusive, are satisfied.

      (Added to NRS by 1985, 1229; A 1987, 1218; 1991, 79; 2023, 1620)

     

Notes of Decisions
Cited in 28 cases (7 in the last 5 years), 1991–2023 · leading case: Griffin v. State, 137 P.3d 1165 (Nev. 2006).
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Griffin v. State, 137 P.3d 1165 (Nev. 2006). · cites it 4× “See NRS 34.730(1); NRS 34.738(1). See NRS 34.”
Miles v. State, 91 P.3d 588 (Nev. 2004). · cites it 3× “726, the State filed a motion to dismiss the petition alleging that it was not properly verified as required by NRS 34.730. The State appended to its motion an affidavit of a deputy district attorney stating that, on July 29, 2003, he noticed that Miles’ signature on the…”
Craine v. Eighth Jud. Dist. Court, 816 P.2d 451 (Nev. 1991). “70, which provides in pertinent part: Except as may be required by the provisions of NRS 34.730 to 34.830, inclusive, all motions, petitions, pleadings or other papers delivered to the clerk of the court by a defendant who has counsel of record will not be filed, but must be…”
Floyd (Zane) v. Dist. Ct. (State) (Nev. 2022). · cites it 4× “In support of his position, Floyd points to language from three provisions in NRS chapter 176 addressing new orders to execute a judgment of death that has not yet been executed as well as language in NRS 34.730. 'Floyd alternatively argues for a writ of prohibition, but his…”
Helfrich v. The State of Nevada (D. Nev. 2023). · cites it 3× “730(2), (3) it does not name the proper respondents pursuant to Nev. Rev. Stat. § 34.730 (2), 23 instead naming “State of Nevada Corporate Fictional Entity,” and (4) it does not appear to have 1 been served upon the Attorney General or the Nye County District Attorney as…”
Honabach (Edward) Vs. Warden (Nev. 2021). · cites it 2× “NRS 34.730(1) provides that if counsel verifies a petition in place of a petitioner, he must verify that "the petitioner personally authorized counsel to commence the action.”
Clarke (Anthony) v. Dist. Ct. (State) (Nev. 2022). · cites it 2× “On September 23, 2021, the district court issued an order directing petitioner to amend his postconviction petition for a writ of habeas corpus to provide proof of service upon the Northern Nevada Correctional Center Warden and the Nevada Attorney General, in accordance with the…”
Bolen (Jason) v. State (Nev. 2022). · cites it 2× “724(2)(a) (providing that a habeas corpus petition is not a substitute for and does not affect the remedy of direct review); NRS 34.730(3) (providing that the clerk of the SUPREME COURT OF NEVADA 2 0) I 947A district court shall file a postconviction petition as a new action,…”
Banda v. High Desert State Prison (D. Nev. 2020). · cites it 2× “14 Nev. Rev. Stat. § 34.730 (3). The new-action rule has been the law since 1991.”
Martin v. Garrett (D. Nev. 2023). · cites it 2× “This rule allows courts to screen and dismiss 20 petitions that are patently frivolous, vague, conclusory, palpably incredible, false, or plagued by 21 22 23 2 Nev. Rev. Stat. § 34.730 (3) provides that “the clerk of the district court shall file a petition as a new action…”
Trzaska (Edward) v. Dist. Ct. (State) (Nev. 2017). “Papers which May Not be Filed Except as may be required by the provisions of NRS 34.730 to 34.830, inclusive, all motions, petitions, pleadings or other papers delivered to the clerk of the court by a defendant who has counsel of record will not be filed but must be marked with…”
State Vs. Dist. Ct. (Friedman (Kenneth)) (Nev. 2020). “3 A prosecutor may defend a conviction from collateral attack, see NRS 34.730(2)(b) (acknowledging that a district attorney in the county in which the petitioner was convicted is the proper party when the petition challenges the validity of the judgment of conviction), and a…”
Show all 28 citing cases →
— Nev. Rev. Stat. § 34.730(1) — 5 cases
Griffin v. State, 137 P.3d 1165 (Nev. 2006). “See NRS 34.730(1); NRS 34.738(1). See NRS 34.”
Miles v. State, 91 P.3d 588 (Nev. 2004). “726, the State filed a motion to dismiss the petition alleging that it was not properly verified as required by NRS 34.730. The State appended to its motion an affidavit of a deputy district attorney stating that, on July 29, 2003, he noticed that Miles’ signature on the…”
Honabach (Edward) Vs. Warden (Nev. 2021). “NRS 34.730(1) provides that if counsel verifies a petition in place of a petitioner, he must verify that "the petitioner personally authorized counsel to commence the action.”
Hernandez (Fernando) v. McDaniel (Death Penalty-Pc) (Nev. 2014).
Crump v. First Jud. Dist. Court of the State of Nevada ex rel. Carson City, 958 P.2d 1200 (Nev. 1998).
— Nev. Rev. Stat. § 34.730(2) — 4 cases
Griffin v. State, 137 P.3d 1165 (Nev. 2006). “See NRS 34.730(1); NRS 34.738(1). See NRS 34.”
Clarke (Anthony) v. Dist. Ct. (State) (Nev. 2022). “On September 23, 2021, the district court issued an order directing petitioner to amend his postconviction petition for a writ of habeas corpus to provide proof of service upon the Northern Nevada Correctional Center Warden and the Nevada Attorney General, in accordance with the…”
Helfrich v. The State of Nevada (D. Nev. 2023). “730(2), (3) it does not name the proper respondents pursuant to Nev. Rev. Stat. § 34.730 (2), 23 instead naming “State of Nevada Corporate Fictional Entity,” and (4) it does not appear to have 1 been served upon the Attorney General or the Nye County District Attorney as…”
Williams (Albert) v. State (Nev. 2013).
— Nev. Rev. Stat. § 34.730(2)(b) — 1 case
State Vs. Dist. Ct. (Friedman (Kenneth)) (Nev. 2020). “3 A prosecutor may defend a conviction from collateral attack, see NRS 34.730(2)(b) (acknowledging that a district attorney in the county in which the petitioner was convicted is the proper party when the petition challenges the validity of the judgment of conviction), and a…”
— Nev. Rev. Stat. § 34.730(3) — 10 cases
Griffin v. State, 137 P.3d 1165 (Nev. 2006). “See NRS 34.730(1); NRS 34.738(1). See NRS 34.”
Bolen (Jason) v. State (Nev. 2022). “724(2)(a) (providing that a habeas corpus petition is not a substitute for and does not affect the remedy of direct review); NRS 34.730(3) (providing that the clerk of the SUPREME COURT OF NEVADA 2 0) I 947A district court shall file a postconviction petition as a new action,…”
Warren (David) v. State (Nev. 2013).
Garcia (Juan) v. State (Nev. 2013).
Hughes (Michael) v. State (Nev. 2013).
— Nev. Rev. Stat. § 34.730(3)(b) — 1 case
Floyd (Zane) v. Dist. Ct. (State) (Nev. 2022). “In support of his position, Floyd points to language from three provisions in NRS chapter 176 addressing new orders to execute a judgment of death that has not yet been executed as well as language in NRS 34.730. 'Floyd alternatively argues for a writ of prohibition, but his…”
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