Nevada § 34.760 - Contents of respondent's response or answer; supplemental material

§ 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.