Nevada § 34.575 - Appeal from order of district court granting or denying writ

§ 34.575. Appeal from order of district court granting or denying writ

1. An applicant who, after conviction or while no criminal action is pending against

the applicant, has petitioned the district court for a writ of habeas corpus and whose

application for the writ is denied, may appeal to the appellate court of competent

jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from the order and judgment of the district court, but the appeal must be made within

30 days after service by the court of written notice of entry of the order or judgment. 2. The State of Nevada is an interested party in proceedings for a writ of habeas

corpus. If the district court grants the writ and orders the discharge or a change in custody

of the petitioner, the district attorney of the county in which the application for

the writ was made, or the city attorney of a city which is situated in the county

in which the application for the writ was made, or the Attorney General on behalf

of the State, may appeal to the appellate court of competent jurisdiction pursuant

to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution from the order of the district judge within 30 days after the service by the court

of written notice of entry of the order. 3. Whenever an appeal is taken from an order of the district court discharging a petitioner

or committing a petitioner to the custody of another person after granting a pretrial

petition for habeas corpus based on alleged want of probable cause, or otherwise challenging

the court's right or jurisdiction to proceed to trial of a criminal charge, the clerk

of the district court shall forthwith certify and transmit to the appellate court

of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant

to Section 4 of Article 6 of the Nevada Constitution , as the record on appeal, the original papers on which the petition was heard in

the district court and, if the appellant or respondent demands it, a transcript of

any evidentiary proceedings had in the district court. The district court shall require its court reporter to expedite the preparation

of the transcript in preference to any request for a transcript in a civil matter. When the appeal is docketed in the appellate court of competent jurisdiction pursuant

to the rules fixed by the Supreme Court, it stands submitted without further briefs

or oral argument unless the appellate court of competent jurisdiction pursuant to

the rules fixed by the Supreme Court otherwise orders.