34.390 - Judge to grant writ without delay; exceptions; effect of writ. - Nevada Statutes

34.390  Judge to grant writ without delay; exceptions; effect of writ.

      1.  Any judge empowered to grant a writ of habeas corpus applied for pursuant to this chapter, if it appears that the writ ought to issue, shall grant the writ without delay, except as otherwise provided in NRS 34.720 to 34.830, inclusive.

      2.  A writ of habeas corpus does not entitle a petitioner to be discharged from the custody or restraint under which the petitioner is held. The writ requires only the production of the petitioner to determine the legality of the petitioner’s custody or restraint.

      [4:93:1862; B § 352; BH § 3674; C § 3746 1/2; RL § 6229; NCL § 11378]—(NRS A 1985, 1235; 1991, 77)