Nevada § 34.800 - Dismissal of petition for delay in filing
Full text of Nevada Nevada Revised Statutes § 34.800 — Dismissal of petition for delay in filing, with citation guidance and answers to common questions.
§ 34.800. Dismissal of petition for delay in filing
1. A petition may be dismissed if delay in the filing of the petition: (a) Prejudices the respondent or the State of Nevada in responding to the petition,
unless the petitioner shows that the petition is based upon grounds of which the petitioner
could not have had knowledge by the exercise of reasonable diligence before the circumstances
prejudicial to the State occurred; or (b) Prejudices the State of Nevada in its ability to conduct a retrial of the petitioner,
unless the petitioner demonstrates that a fundamental miscarriage of justice has occurred
in the proceedings resulting in the judgment of conviction. 2. A period exceeding 5 years between the filing of a judgment of conviction, an order
imposing a sentence of imprisonment or a decision on direct appeal of a judgment of
conviction and the filing of a petition challenging the validity of a judgment of
conviction creates a rebuttable presumption of prejudice to the State. In a motion to dismiss the petition based on that prejudice, the respondent or the
State of Nevada must specifically plead laches. The petitioner must be given an opportunity to respond to the allegations in the
pleading before a ruling on the motion is made.
Source: official Nevada text · Last verified 2026-08-27
Frequently Asked Questions About Nevada § 34.800
What does Nevada Revised Statutes § 34.800 cover?
Section 34.800 ("Dismissal of petition for delay in filing") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 34.800?
A common citation format is "Nevada Revised Statutes § 34.800" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 34.800 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.