NRS
34.790 Record of evidentiary hearing after writ is granted; submission
of additional material.
1. If an evidentiary hearing is required,
the judge or justice may direct that the record be expanded by the parties by
the inclusion of additional materials relevant to the determination of the
merits of the petition.
2. The expanded record may include,
without limitation, letters which predate the filing of the petition in the
district court, documents, exhibits and answers under oath to written
interrogatories propounded by the judge. Affidavits may be submitted and
considered as a part of the record.
3. In any case in which the record is
expanded, copies of proposed letters, documents, exhibits and affidavits must
be submitted to the party against whom they are to be offered, and the party
must be afforded an opportunity to admit or deny their correctness.
4. The court must require the authentication
of any material submitted pursuant to subsection 2 or 3.
(Added to NRS by 1985,
1231)
Notes of Decisions
Cited in
2
cases, 2002–2013 · leading case:
Mann v. State, 46 P.3d 1228 (Nev. 2002).
Mann v. State, 46 P.3d 1228 (Nev. 2002).
· cites it 2× “14 NRS 34.790. 15 NRS 34.790(3). 16 See NRS 34.”
Garcia (Jose) v. State (Nev. 2013).
· cites it 2× “NRS 34.790 further allows the district court to direct the parties to expand the record with additional materials, including affidavits, relevant to the determination of the merits of the petition when an evidentiary hearing is required.”
— Nev. Rev. Stat. § 34.790(3) — 1 case
Mann v. State, 46 P.3d 1228 (Nev. 2002).
“14 NRS 34.790. 15 NRS 34.790(3). 16 See NRS 34.”
— Nev. Rev. Stat. § 34.790(4) — 1 case
Garcia (Jose) v. State (Nev. 2013).
“NRS 34.790 further allows the district court to direct the parties to expand the record with additional materials, including affidavits, relevant to the determination of the merits of the petition when an evidentiary hearing is required.”
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