2023 Nevada Revised Statutes
Chapter 34 - Writs; Petition to Establish Factual Innocence
NRS 34.760 - Contents of respondent’s response or answer; supplemental material.
1. A response or answer must:
(a) State plainly and unequivocally whether the respondent has or had the petitioner in custody or under the respondent’s power or restraint and, if the respondent:
(1) Has the petitioner in custody or under his or her power or restraint at the time of filing the response or answer, set forth with specificity the basis for custody, including, without limitation, the authority and cause of the imprisonment or restraint.
(2) Had the petitioner in custody or under the respondent’s power or restraint but no longer has the petitioner in custody or under the respondent’s power or restraint, state particularly to whom, at what time and place, for what cause and by what authority the transfer took place.
(b) Indicate whether the petitioner has previously applied for relief from the petitioner’s judgment of conviction or sentence in any proceeding in a state or federal court, including a direct appeal or a petition for a writ of habeas corpus or other postconviction relief.
2. If a petition challenges the validity of a judgment of conviction or sentence, the response or answer must indicate what transcripts of pretrial, trial, sentencing and postconviction proceedings are available, when these transcripts can be furnished and what proceedings have been recorded and not transcribed. The respondent shall attach to the response or answer any portions of the transcripts, except those in the court’s file, which the respondent deems relevant. The court on its own motion or upon request of the petitioner may order additional portions of existing transcripts to be furnished or certain portions of the proceedings which were not transcribed to be transcribed and furnished. If a transcript is not available or procurable, the court may require a narrative summary of the evidence to be submitted.
3. If a petition challenges the computation of time that the petitioner has served pursuant to a judgment of conviction, the respondent shall attach a copy of the judgment of conviction to the response or answer.
4. If the petitioner appealed the judgment of conviction or sentence or any adverse judgment or order in a prior petition, a copy of the petitioner’s brief on appeal and any opinion of the appellate court must be filed by the respondent with the response or answer.
(Added to NRS by 1985, 1230; A 1991, 86; 2023, 1630)
