Nevada § 34.745 - Judicial order to file response or answer; when order is required; form of order; summary dismissal of successive petitions; record of proceeding

§ 34.745. Judicial order to file response or answer; when order is required; form of order; summary dismissal of successive petitions; record of proceeding

1. The judge or justice shall order the prosecuting agency to: (a) File a response or an answer to the petition 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. An order entered pursuant to subsection 1 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: Petitioner filed a petition for a writ of habeas corpus on __________ (month) __________(day), __________ (year). The court has reviewed the petition and has determined that a response would assist

the court in determining whether petitioner is illegally imprisoned and restrained

of petitioner's liberty. Respondent shall, within 45 days after the date of this order, answer or otherwise

respond to the petition in accordance with the provisions of NRS 34.360 to 34.830 , inclusive. A copy of the order must be served on the petitioner or the petitioner's counsel,

the respondent, the Attorney General and, if applicable, any other prosecuting agency. 3. 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 3 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. 4. 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.