Nevada Revised Statutes 34.760 – Contents of respondent’s response or answer; supplemental material
1. A response or answer must:
Terms Used In Nevada Revised Statutes 34.760
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(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.