34.738 - Petition: Filing in appropriate county; limitation on scope. - Nevada Statutes

34.738  Petition: Filing in appropriate county; limitation on scope.

      1.  A petition that challenges the validity of a conviction or sentence must be filed with the clerk of the district court for the county in which the conviction occurred. Any other petition must be filed with the clerk of the district court for the county in which the petitioner is incarcerated.

      2.  A petition that is not filed in the district court for the appropriate county:

      (a) Shall be deemed to be filed on the date it is received by the clerk of the district court in which the petition is initially lodged; and

      (b) Must be transferred by the clerk of that court to the clerk of the district court for the appropriate county.

      3.  A petition must not challenge both the validity of a judgment of conviction or sentence and the computation of time that the petitioner has served pursuant to that judgment. If a petition improperly challenges both the validity of a judgment of conviction or sentence and the computation of time that the petitioner has served pursuant to that judgment, the district court for the appropriate county shall resolve that portion of the petition that challenges the validity of the judgment of conviction or sentence and dismiss the remainder of the petition without prejudice.

      (Added to NRS by 1991, 76; A 1999, 145)