34.430 - Return and answer: Service and filing; contents; signature and verification. - Nevada Statutes

34.430  Return and answer: Service and filing; contents; signature and verification.

      1.  Except as otherwise provided in subsection 1 of NRS 34.745, the respondent shall serve upon the petitioner and file with the court a return and an answer that must respond to the allegations of the petition within 45 days or a longer period fixed by the judge or justice.

      2.  The return must state plainly and unequivocally whether the respondent has the party in custody, or under the respondent’s power or restraint. If the respondent has the petitioner in the respondent’s custody or power, or under the respondent’s restraint, the respondent shall state the authority and cause of the imprisonment or restraint, setting forth with specificity the basis for custody.

      3.  If the petitioner is detained by virtue of any judgment, writ, warrant or other written authority, a certified or exemplified copy must be annexed to the return.

      4.  If the respondent has the petitioner in the respondent’s power or custody or under the respondent’s restraint before or after the date of the writ of habeas corpus but has transferred custody or restraint to another, the return must state particularly to whom, at what time and place, for what cause, and by what authority the transfer took place.

      5.  The return must be signed by the respondent and, unless the respondent is a sworn public officer who makes the return in the respondent’s official capacity, verified under oath or affirmation.

      [10:93:1862; B § 358; BH § 3680; C § 3752; RL § 6235; NCL § 11384]—(NRS A 1985, 1235; 1991, 77; 1999, 144)