Nevada Revised Statutes 34.745 – Judicial order to file answer and return; when order is required; form of order; summary dismissal of successive petitions; record of proceeding
1. If a petition challenges the validity of a judgment of conviction or sentence and is the first petition filed by the petitioner, the judge or justice shall order the district attorney or the Attorney General, whichever is appropriate, to:
Terms Used In Nevada Revised Statutes 34.745
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Conviction: A judgement of guilt against a criminal defendant.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
(a) File:
(1) A response or an answer to the petition; and
(2) If an evidentiary hearing is required pursuant to NRS 34.770, a return, within 45 days or a longer period fixed by the judge or justice; or
(b) Take other action that the judge or justice deems appropriate.
2. If a petition challenges the computation of time that the petitioner has served pursuant to a judgment of conviction, the judge or justice shall order the Attorney General to:
(a) File:
(1) A response or an answer to the petition; and
(2) A return, within 45 days or a longer period fixed by the judge or justice.
(b) Take other action that the judge or justice deems appropriate.
3. An order entered pursuant to subsection 1 or 2 must be in substantially the following form, with appropriate modifications if the order is entered by a judge of the Court of Appeals or a justice of the Supreme Court: A copy of the order must be served on the petitioner or the petitioner’s counsel, the respondent, the Attorney General and the district attorney of the county in which the petitioner was convicted.
4. If the petition is a second or successive petition challenging the validity of a judgment of conviction or sentence and if it plainly appears from the face of the petition or an amended petition and documents and exhibits that are annexed to it, or from records of the court that the petitioner is not entitled to relief based on any of the grounds set forth in subsection 2 of NRS 34.810, the judge or justice shall enter an order for its summary dismissal and cause the petitioner to be notified of the entry of the order.
5. If the judge or justice relies on the records of the court in entering an order pursuant to this section, those records must be made a part of the record of the proceeding before entry of the order.