34.730 - Petition: Verification; title; service; filing by clerk; prerequisites for hearing. - Nevada Statutes

34.730  Petition: Verification; title; service; filing by clerk; prerequisites for hearing.

      1.  A petition must be verified by the petitioner or the petitioner’s counsel. If the petition is verified by counsel, counsel shall also verify that the petitioner personally authorized counsel to commence the action.

      2.  The petition must be titled “Petition for Writ of Habeas Corpus (Postconviction)” and be in substantially the form set forth in NRS 34.735. The petition must name as respondent and be served by mail upon the officer or other person by whom the petitioner is confined or restrained. A copy of the petition must be served by mail upon:

      (a) The Attorney General; and

      (b) In the case of a petition challenging the validity of a judgment of conviction or sentence, the district attorney in the county in which the petitioner was convicted.

      3.  Except as otherwise provided in this subsection, the clerk of the district court shall file a petition as a new action separate and distinct from any original proceeding in which a conviction has been had. If a petition challenges the validity of a conviction or sentence, it must be:

      (a) Filed with the record of the original proceeding to which it relates; and

      (b) Whenever possible, assigned to the original judge or court.

      4.  No hearing upon the petition may be set until the requirements of NRS 34.740 to 34.770, inclusive, are satisfied.

      (Added to NRS by 1985, 1229; A 1987, 1218; 1991, 79)

NRS 34.730