NRS
34.745 Judicial order to file response or answer; when order is
required; form of order; summary dismissal of successive petitions; record of
proceeding.
1. The judge or justice shall order the
prosecuting agency to:
(a) File a response or an answer to the petition
within 45 days or a longer period fixed by the judge or justice; or
(b) Take other action that the judge or justice
deems appropriate.
2. An order entered pursuant to subsection
1 must be in substantially the following form, with appropriate modifications
if the order is entered by a judge of the Court of Appeals or a justice of the
Supreme Court:
Case No...................................................
Dept. No..................................................
IN
THE .................. JUDICIAL DISTRICT COURT OF THE
STATE
OF NEVADA IN AND FOR THE COUNTY OF ..................
......................................................................
Petitioner,
v. ORDER
......................................................................
Respondent.
Petitioner filed a petition
for a writ of habeas corpus on ..... (month) ..... (day), ..... (year). The
court has reviewed the petition and has determined that a response would assist
the court in determining whether petitioner is illegally imprisoned and
restrained of petitioner’s liberty. Respondent shall, within 45 days after the
date of this order, answer or otherwise respond to the petition in accordance
with the provisions of NRS 34.360 to 34.830, inclusive.
Dated ..... (month) .....
(day), ..... (year)
.......................................................
District
Judge
Ê A copy of
the order must be served on the petitioner or the petitioner’s counsel, the
respondent, the Attorney General and, if applicable, any other prosecuting
agency.
3. If the petition is a second or
successive petition challenging the validity of a judgment of conviction or
sentence and if it plainly appears from the face of the petition or an amended
petition and documents and exhibits that are annexed to it, or from records of
the court that the petitioner is not entitled to relief based on any of the
grounds set forth in subsection 3 of NRS
34.810, the judge or justice shall enter an order for its summary dismissal
and cause the petitioner to be notified of the entry of the order.
4. If the judge or justice relies on the
records of the court in entering an order pursuant to this section, those
records must be made a part of the record of the proceeding before entry of the
order.
(Added to NRS by 1991,
76; A 1999,
145; 2001,
57; 2013,
1741; 2023,
1628)
Notes of Decisions
State v. Haberstroh, 69 P.3d 676 (Nev. 2003).
· cites it 4× “810(3) expressly provides that "the petitioner has the burden of pleading and proving specific facts that demonstrate" both good cause for failing to present a claim or for presenting a claim again and actual prejudice, and NRS 34.745(4) allows courts to look beyond the face of…”
Pellegrini v. State, 34 P.3d 519 (Nev. 2001).
“8 See NRS 34.745(4) (providing for summary dismissal of successive petitions); NRS 34.”
Griffin v. State, 137 P.3d 1165 (Nev. 2006).
· cites it 3× “Compare NRS 34.745(1), with NRS 34.745(2). 106 Nev.”
Mann v. State, 46 P.3d 1228 (Nev. 2002).
“If, as in this case, the petition is the first one that the petitioner has filed challenging the validity of his conviction or sentence, NRS 34.745(1) requires the district court to order an answer from the State or to take other action deemed appropriate.”
Barnhart v. State, 130 P.3d 650 (Nev. 2006).
“8 Barnhart has not demonstrated that the district court erred. In sum, we conclude that the district court did not err by denying Barnhart’s petition and we affirm the judgment of the district court.”
Miles v. State, 91 P.3d 588 (Nev. 2004).
“NRS 34.745(1) (emphasis added). NRS 34.735 reads: “A petition must be in substantially the following form .”
Kinford v. Garrett (D. Nev. 2020).
· cites it 2× “726, NRS § 34.745(4), and NRS § 34.810. (ECF No.”
Bermudez (Bernabi) v. State (Nev. 2013).
· cites it 2× “Rather, NRS 34.745(1) requires the district court judge to order 2 We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted.”
Jones v. Eighth Jud. Dist. Ct., 2014 NV 53 (Nev. 2014).
· cites it 2× “810(2); NRS 34.745(4). Another available sanction is to refer the litigant to the Department of Corrections for the forfeiture of credits previously earned.”
Peck (Frank) v. Whorton (Nev. 2014).
“740 (requiring the clerk of the court to present the original petition promptly to a district judge); NRS 34.745(1) (requiring the district judge to determine whether an evidentiary hearing is required after reviewing the return, answer, and all supporting documents which are…”
— Nev. Rev. Stat. § 34.745(1) — 8 cases
Mann v. State, 46 P.3d 1228 (Nev. 2002).
“If, as in this case, the petition is the first one that the petitioner has filed challenging the validity of his conviction or sentence, NRS 34.745(1) requires the district court to order an answer from the State or to take other action deemed appropriate.”
Griffin v. State, 137 P.3d 1165 (Nev. 2006).
“Compare NRS 34.745(1), with NRS 34.745(2). 106 Nev.”
Miles v. State, 91 P.3d 588 (Nev. 2004).
“NRS 34.745(1) (emphasis added). NRS 34.735 reads: “A petition must be in substantially the following form .”
— Nev. Rev. Stat. § 34.745(2) — 1 case
Griffin v. State, 137 P.3d 1165 (Nev. 2006).
“Compare NRS 34.745(1), with NRS 34.745(2). 106 Nev.”
— Nev. Rev. Stat. § 34.745(4) — 6 cases
State v. Haberstroh, 69 P.3d 676 (Nev. 2003).
“810(3) expressly provides that "the petitioner has the burden of pleading and proving specific facts that demonstrate" both good cause for failing to present a claim or for presenting a claim again and actual prejudice, and NRS 34.745(4) allows courts to look beyond the face of…”
Pellegrini v. State, 34 P.3d 519 (Nev. 2001).
“8 See NRS 34.745(4) (providing for summary dismissal of successive petitions); NRS 34.”
Jones v. Eighth Jud. Dist. Ct., 2014 NV 53 (Nev. 2014).
“810(2); NRS 34.745(4). Another available sanction is to refer the litigant to the Department of Corrections for the forfeiture of credits previously earned.”
Bermudez (Bernabi) v. State (Nev. 2013).
“Rather, NRS 34.745(1) requires the district court judge to order 2 We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted.”
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