Nevada Code § 34.370

Application for writ; verification required; contents; supporting documents
Open in Lexace · Ask the AI about this section
1. A petition for a writ of habeas corpus
must be verified by the petitioner or the petitioners counsel. If the petition
is verified by counsel, counsel shall also verify that the petitioner
personally authorized counsel to commence the action.
2. A verified petition for issuance of a
writ of habeas corpus must specify that the petitioner is imprisoned or
restrained of the petitioners liberty, the officer or other person by whom the
petitioner is confined or restrained, and the place where the petitioner is
confined, naming all the parties if they are known, or describing them if they
are not known.
3. If the petitioner claims that the
imprisonment is illegal, the petitioner must state facts which show that the
restraint or detention is illegal.
4. If the petition requests relief from a
judgment of conviction or sentence in a criminal case, the petition must
identify the proceedings in which the petitioner was convicted, give the date
of entry of the final judgment and set forth which constitutional rights of the
petitioner were violated and the acts constituting violations of those rights.
Affidavits, records or other evidence supporting the allegations in the petition
must be attached unless the petition recites the cause for failure to attach
these materials. The petition must identify any previous proceeding in state or
federal court initiated by the petitioner to secure relief from the
petitioners judgment of conviction or sentence. Argument, citations and other
supporting documents are unnecessary.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.