Nevada Revised Statutes 34.738 – Petition: Filing in appropriate county; limitation on scope
1. A petition that challenges the validity of a judgment of conviction or sentence must be filed with the clerk of the district court for the county in which the conviction occurred. Any other petition must be filed with the clerk of:
Terms Used In Nevada Revised Statutes 34.738
- Conviction: A judgement of guilt against a criminal defendant.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(a) The district court for the county in which the petitioner is incarcerated; or
(b) The First Judicial District Court in and for Carson City, if the petitioner is incarcerated outside this State while serving a term of imprisonment imposed by a court of this State.
2. A petition that is not filed in the district court for the appropriate county:
(a) Shall be deemed to be filed on the date it is received by the clerk of the district court in which the petition is initially lodged; and
(b) Must be transferred by the clerk of that court to the clerk of the district court for the appropriate county.
3. A petition must not challenge both the validity of a judgment of conviction or sentence and the computation of time that the petitioner has served pursuant to a judgment of conviction. If a petition improperly challenges both the validity of a judgment of conviction or sentence and the computation of time that the petitioner has served pursuant to a judgment of conviction, the district court for the appropriate county shall resolve that portion of the petition that challenges the validity of the judgment of conviction or sentence and dismiss the remainder of the petition without prejudice.